Militant constitutionalism: a promising concept to make constitutional backsliding less likely?

Constitutional democracy is in decline and many would-be autocrats try to transgress constitutional constraints. Here, we introduce the concept of militant constitutionalism, which suggests a number of constitutional rules that could make constitutions more resilient to attempts to undermine them. A first empirical evaluation, however, can link only few constitutional paths to enhanced constitutional resilience.

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Year of publication:	2021
Authors:	Gutmann, Jerg ; Voigt, Stefan
Published in:	Public Choice. - New York, NY : Springer US, ISSN 1573-7101. - 2021, p. 1-28
Publisher:	New York, NY : Springer US
Subject:	Constitutional compliance \| De jure-de facto gap \| Democratic backsliding \| Militant constitutionalism \| Militant democracy

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Type of publication:	Article
Type of publication (narrower categories):	Article
Language:	English
Other identifiers:	10.1007/s11127-021-00874-1 [DOI] hdl:10419/287494 [Handle]
Classification:	D73 - Bureaucracy; Administrative Processes in Public Organizations; Corruption ; H11 - Structure, Scope, and Performance of Government ; k16 ; k38 ; K42 - Illegal Behavior and the Enforcement of Law ; P51 - Comparative Analysis of Economic Systems
Source:	EconStor

Persistent link: https://www.econbiz.de/10014501786