What Civil Law Attorneys Should Know About American Law: Why Does the American Constitution Work?

Abstract

In discussions regarding the comparative merits of various constitutions, I am often asked, or often hear, this question. As the Republic of Turkey wrestles with its own constitutional issues, perhaps this might be a time to look at other constitutions for some ideas. As an American lawyer, I think the reasons for the relative success of our Constitution for the past 220 years lies in having three distinct branches of government, a supreme court, representation of the people rather than parties, a complex amendment process, a federal system and unlimited political speech. Let me address each one of those in turn. Some might be applicable, some might not, but that is for the reader to decide.