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

Jerg Gutmann and Stefan Voigt

Public Choice, 2023, vol. 195, issue 3, No 12, 377-404

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.

Keywords: Constitutional compliance; De jure-de facto gap; Democratic backsliding; Militant constitutionalism; Militant democracy (search for similar items in EconPapers)
JEL-codes: D73 H11 K16 K38 K42 P51 (search for similar items in EconPapers)
Date: 2023
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Citations: View citations in EconPapers (4)

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Working Paper: Militant Constitutionalism – A Promising Concept to Make Constitutional Backsliding less likely? (2019)
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DOI: 10.1007/s11127-021-00874-1

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