Militant Constitutionalism – A Promising Concept to Make Constitutional Backsliding Less Likely?

Gutmann, Jerg; Voigt, Stefan (2019) : Militant Constitutionalism – A Promising Concept to Make Constitutional Backsliding less likely?, ILE Working Paper Series, No. 25, University of Hamburg, Institute of Law and Economics (ILE), Hamburg, 2019

33 Pages Posted: 27 Jun 2019

See all articles by Jerg Gutmann

Jerg Gutmann

University of Hamburg - Institute of Law and Economics

Stefan Voigt

University of Hamburg - Institute of Law & Economics; CESifo (Center for Economic Studies and Ifo Institute)

Date Written: June 11, 2019

Abstract

Constitutional democracy is in decline and many would-be autocrats try to elude constitutional constraints or even to exploit constitutions in their favor. We make a number of proposals for designing constitutions that are more resilient against such attempts. A first look at the empirical evidence, however, is sobering. There is little evidence that many appealing constitutional rules are able to increase constitutional resilience.

Keywords: constitutional compliance, militant democracy, militant constitutionalism, de jure de facto gap, democratic backsliding

JEL Classification: H11; K38; P51

Suggested Citation

Gutmann, Jerg and Voigt, Stefan, Militant Constitutionalism – A Promising Concept to Make Constitutional Backsliding Less Likely? (June 11, 2019). Gutmann, Jerg; Voigt, Stefan (2019) : Militant Constitutionalism – A Promising Concept to Make Constitutional Backsliding less likely?, ILE Working Paper Series, No. 25, University of Hamburg, Institute of Law and Economics (ILE), Hamburg, 2019. Available at SSRN: https://ssrn.com/abstract=3402705 or http://dx.doi.org/10.2139/ssrn.3402705

Jerg Gutmann

University of Hamburg - Institute of Law and Economics ( email )

Johnsallee 35
Hamburg, 20148
Germany

Stefan Voigt (Contact Author)

University of Hamburg - Institute of Law & Economics ( email )

Johnsallee 35
Hamburg, 20148
Germany
+49-40-428385782 (Phone)
+49-40-428386794 (Fax)

CESifo (Center for Economic Studies and Ifo Institute)

Poschinger Str. 5
Munich, DE-81679
Germany

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