ABSTRACT

This chapter examines the first supermajorities in constitutional adjudication, namely the sub-national supermajorities in the United States (Ohio in 1912–1968, North Dakota in 1919, and Nebraska in 1920), as well as the Czechoslovak supermajority (from 1920 to 1939). In the case of the United States, progressivism and social movements such as the Nonpartisan League supported supermajority rules to enforce judicial limitation and prevent courts from striking down newly gained rights. Czechoslovakia introduced a supermajority as a caution on a new strong adjudicating institution. The chapter overviews the rule's failure in Ohio and its success in Nebraska and North Dakota while outlining its minor impact in the Czechoslovak case.