Constitutional Duties.

This article empirically examines the presence, evolution, and implications of individual duties in national constitutions from 1781 to 2017, using a novel dataset, public surveys, and case law analysis. It finds that constitutional duties—obligations placed directly on citizens—are common and longstanding, with about two-thirds of countries including them, often alongside numerous rights, especially in constitutions aiming for transformative social change. Surveys in five diverse countries reveal broad public support for constitutionalizing duties, while case law from seven countries shows that courts frequently enforce duties, sometimes using them to justify restrictions on rights. However, cross-national data indicate that constitutions with more duties tend to correlate with worse human rights records and lower levels of democracy, raising concerns about potential rights limitations and arbitrary government associated with constitutional duties. The study suggests that while duties coexist with rights in constitutions, their practical effects warrant cautious consideration and further research.