Peer-reviewed publication

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

Authors
Gutmann, Jerg and Voigt, Stefan
Year
2023
Publication
Public Choice
Gutmann, Jerg and Voigt, Stefan (2023). Militant constitutionalism: A promising concept to make constitutional backsliding less likely? Public Choice 195(3-4):377-404. DOI (open access)
Constitutional complianceConstitutional designDemocracy & backsliding

Abstract

Abstract 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.