Brian Leiter's Law School Reports

Brian Leiter
University of Chicago Law School

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Thursday, December 20, 2012

Geoffrey Stone on an unfortunate kind of American exceptionalism

Here; an excerpt:

Of the 188 nations that have written constitutions, the vast majority have adopted fundamental guarantees that were first fully articulated in the US Constitution.

Indeed, 97 per cent of all the world’s constitutions now protect the freedom of religion; 97 per cent protect the freedom of speech and press; 97 per cent the right to equality; 95 per cent protect the freedom against unreasonable searches; 94 per cent the right of assembly; 94 per cent prohibit arbitrary arrest or detention; 84 per cent forbid cruel and unusual punishment; 84 per cent protect the right to vote; 80 per cent prohibit ex post facto laws; 72 per cent protect the right to present a defence and 70 per cent the right to counsel. These freedoms, first constitutionalised in the US, are now widely recognised as fundamental to a free, humane and civilised society.

Yet, only 1 per cent of all the other nations of the world recognise a constitutional right to keep and bear arms. The idea that individuals have a fundamental right to purchase and possess firearms has been resoundingly rejected by 185 of the world’s 188 nations.

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