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(詳細はUnited States Constitution has had influence internationally on later constitutions and legal thinking. Its influence appears in similarities of phrasing and borrowed passages in other constitutions, as well as in the principles of the rule of law, separation of powers and recognition of individual rights. The American experience of amendments and judicial review motivated constitutionalists at times when they were considering the possibilities for their nation's future. Examples include Abraham Lincoln during the American Civil War, his contemporary and ally Benito Juárez of Mexico, and the second generation of 19th century constitutional nationalists, José Rizal of the Philippines and Sun Yat-sen of China. However, democratizing countries often chose more centralized British or French models of government, particularly the Westminster system. Since the latter half of the 20th century, the influence of the United States Constitution may be waning as other countries have revised their constitutions with new influences. ==National constitutions== The historian William Hardy McNeill argued that the United States saw itself as "one of a family of peoples and nations" making a history apart from the European civilization of their colonization. The United States Constitution is an expression of Americans diverging from colonial rule, according to this viewpoint. Its effect is reflected in the ideals of limiting the rulers of a state apart and above sitting law-givers in a parliament. The concepts of governance influencing others internationally are not only found among similarities in phrasing and entire passages from the U.S. Constitution. They are in the principles of the rule of law and recognition of individual rights. The American experience of fundamental law with amendments and judicial review has motivated foreign constitutionalists to reconsider possibilities for their own future. This view informed Abraham Lincoln during the American Civil War, his contemporary and ally Benito Juarez of Mexico, and the second generation of 19th constitutional nationalists, José Rizal of the Philippines and Sun Yat-sen of China. Generally the influence of the Constitution appears in trans-national history of ideas, foreign translations, and exchanges between Americans and their counterparts from the beginning with smuggled translations into Hispanic America until today with conferences among national legislators. Innovations include constitutional conventions, written constitutions, ratification and amendment procedures. There are common provisions for presidential executives, federalism and judicial review. George Athan Billias, studying the Constitution and related documents, describes six waves of influence: # From 1776-1811, after the American Revolution began, it influenced northwestern Europe and its colonial connections. # 1811-1848, after the decline of Napoleon's reputation, it was referenced by Latin American, Caribbean, and European nationalists. # 1898-1918, after the Spanish American War, nationalist movements borrowed from the U.S. Constitution in Asia and Latin America. # 1918-1945, after World War I, its influence spread with movements for decolonization of Africa, Mid-east and Asia. # 1945-1974, after World War II, independence movements consulted it. # 1974-1989, after United Nations expansion, once nondemocratic regimes, including European ones, transitioned towards constitutional democracies incorporating elements of the U.S. Constitution. Over its history, the influence of American constitutionalism has waxed and waned. Democratizing countries often chose the more centralized, consolidated British or French models. Many countries that were once part of the British Empire favored the British Westminster parliamentary system. Internationally it appears that those of Confucian and Islamic cultures do not readily adopt some of its premises. Nevertheless, "the influence of American constitutionalism abroad was profound in the past and remains a remarkable contribution to humankind’s search for freedom under a system of laws." According to a 2012 study published in the ''New York University Law Review'', however, the influence of the U.S. Constitution may be waning. The study examined more than 700 federal constitutions from nearly 200 countries. "Rather than leading the way for global constitutionalism, the U.S. Constitution appears instead to be losing its appeal as a model for constitutional drafters elsewhere,” the researchers write. “The idea of adopting a constitution may still trace its inspiration to the United States, but the manner in which constitutions are written increasingly does not." In particular, the study found that the U.S. Constitution guarantees relatively few rights compared to the constitutions of other countries and contains less than half (26 of 60) of the provisions listed in the average bill of rights. It is also one of the few in the world today that still features the right to bear arms; the only others are the constitutions of Guatemala and Mexico. Overall, the research suggests that the Constitution of Canada, revised in 1982, is now a leading international model rather than that of the United States.〔〔 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「United States Constitution and worldwide influence」の詳細全文を読む スポンサード リンク
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