Wan on the Constitutionalization of Happiness: A Global and Comparative Inquiry

Trevor Wan, University of Hong Kong, Faculty of Law, has published Constitutionalization of Happiness: A Global and Comparative Inquiry. Here is the abstract.

Happiness and well-being are now explicitly enshrined in a myriad of national constitutions. As of 2022, the terms "happiness" and "well-being" form part of the constitutional lexicon of more than 20 and 110 states respectively. These "happiness provisions" epitomize the phenomenon of the "constitutionalization of happiness," which denotes the process of elevating happiness to the constitutional echelon, thereby bearing discernible legal and political implications. An audit of all happiness provisions reveals that they boil down to three categories-happiness as a national objective, happiness as a policy paradigm, and the pursuit of happiness as a human right. The meaning and jurisprudential landscape of happiness provisions within a specific constitutional framework is molded by, on top of the semantic and structural configuration, a dynamic interplay among three factors, which include the indigenous and socio-cultural conception of happiness of that state, interpretations put forward by judges and other constitutional actors, and transnational influences such as the migration of constitutional ideas and jurisprudence. This article draws upon an extensive array of case studies, covering among others Bhutan, Bolivia, Ecuador, Japan, Korea, and Nigeria, to illustrate the breadth and diversity that enliven the universe of happiness provisions.

Download the article from SSRN at the link.

Iskandar on The Constitutional Significance of State Symbols

Pranoto Iskandar, McGill University, Centre for Human Rights and Legal Pluralism; The Institute for Migrant Rights, has published The Constitutional Significance of State Symbols. Here is the abstract.

Not every constitution entrenches state symbols, but many do and their rationale can only be understood implicitly. These state symbols constitutionally significant. Some constitutions contain provisions that explicitly state any violation or even mere disrespect toward state symbols may entail legal consequences. Those that take state symbols too seriously tend to be classified as undemocratic, illiberal, repressive, or even worse, authoritarian. A cursory overview of some Western European states with liberal democratic pedigree reveals that they have harsh sentences for those who pour scorn on their state symbols. Therefore, this signifies that state symbols are an important feature in a constitutional order. After all, even the world’s most democratic states also have their own state symbols. Hence, how should one proceed in making sense of the constitutional significance of state symbols?

Download the essay from SSRN at the link.