Mind the Gap – Analyzing the Divergence between Constitutional Text and Constitutional Reality

Stefan Voigt

No 32, ILE Working Paper Series from University of Hamburg, Institute of Law and Economics

Abstract: Constitutional Economics - the analysis of constitutions drawing on the economic approach - has made important progress over the last two decades. The factors determining whether a constitution is complied with, however, have received only little attention. This is surprising, as a huge gap between constitutional text and constitutional reality seems to exist in many countries. In this paper, this gap is referred as the de jure/de facto gap. The paper discusses ways in which the gap can be researched systematically and surveys the scant available literature that has tried to do so thus far.

Keywords: constitutional compliance; de jure/de facto gap (search for similar items in EconPapers)
JEL-codes: H11 K38 P51 (search for similar items in EconPapers)
Date: 2020
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Citations: View citations in EconPapers (2)

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Persistent link: https://EconPapers.repec.org/RePEc:zbw:ilewps:32

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