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
Date Written: June 11, 2019
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: Suggested Citation