Constitutional drafting and distrust

Constitutions across the globe vary markedly in length and specificity. In drafting constitutions, constitution-makers thus face important choices of style, as well as substance: They can either choose to adopt either a highly "codified" or detailed approach to constitutional drafting, or rely on a more "framework"-style approach, which places greater trust in constitutional courts as partners in the process of constitutional interpretation. The article investigates the merits of these two different approaches to constitutional drafting, drawing on case-studies from South Africa and India on the right to property and freedom of expression, and the insights of behavioral economics and psychology.