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...

Full description

Saved in:
Bibliographic Details
Published inPublic choice Vol. 195; no. 3-4; pp. 1 - 28
Main Authors Gutmann, Jerg, Voigt, Stefan
Format Journal Article
LanguageEnglish
Published New York, NY Springer US 01.06.2023
Springer Nature B.V
Subjects
Autocracy
Constitutional compliance
Constitutional law
Constitutionalism
Constitutions
De jure-de facto gap
Democracy
Democratic backsliding
Design
Economics
Economics and Finance
Fascism
Militancy
Militant constitutionalism
Militant democracy
Political power
Political Science
Politics
Public Finance
Resilience
Rule of law
de facto gap
D73
K16
K38
Democratic backsliding
Militant constitutionalism
Militant democracy
K42
Constitutional compliance
H11
P51
Online AccessGet full text

Cover

More Information
Summary: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.
ISSN:1573-7101
0048-5829
1573-7101
DOI:10.1007/s11127-021-00874-1