Download This PaperConstitutional Resilience
in: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum (eds.): Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL] (Oxford: Oxford University Press 2022)
16 Pages Posted: 20 Dec 2023
Date Written: December 6, 2023
Abstract
Constitutional resilience is the capacity of a constitutional system to withstand attempts aimed at changing or violating its core elements. The expression is used mostly in the context of protecting democracy and the rule of law. Resilience depends on the interaction of the constitutional design (including adaptation through constitutional amendment, ordinary legislation and case-law; amendment or revision of constitutions) and the political-social-cultural context in which a constitution operates. Challenges can be sudden external shocks (eg, coups) or, especially in recent decades, slow gradual degradations (often called erosions).
Keywords: erosion, coup, constitutional design, rule of law culture
JEL Classification: K00
Suggested Citation: Suggested Citation