Book contents
- The Story of Constitutions
- Comparative Constitutional Law and Policy
- The Story of Constitutions
- Copyright page
- Dedication
- Epigraph
- Contents
- Figures
- Prologue
- 1 Introduction
- Part I Constitutional Diffusion
- Part II The History of the Constitution
- Part III Concepts, Shapes and Types of Constitutions
- Part IV Effects
- 20 What Does a Constitution Do?
- 21 The Legal Meaning of Constitutions
- 22 Economic Aspects
- 23 Political Aspects
- Part V The Imagined Order of the Constitution
- References
- Name & Author Index
- Subject Index
21 - The Legal Meaning of Constitutions
from Part IV - Effects
Published online by Cambridge University Press: 19 October 2023
- The Story of Constitutions
- Comparative Constitutional Law and Policy
- The Story of Constitutions
- Copyright page
- Dedication
- Epigraph
- Contents
- Figures
- Prologue
- 1 Introduction
- Part I Constitutional Diffusion
- Part II The History of the Constitution
- Part III Concepts, Shapes and Types of Constitutions
- Part IV Effects
- 20 What Does a Constitution Do?
- 21 The Legal Meaning of Constitutions
- 22 Economic Aspects
- 23 Political Aspects
- Part V The Imagined Order of the Constitution
- References
- Name & Author Index
- Subject Index
Summary
The basic effect a constitution has is a legal effect. A constitution creates a legal system that defines what (valid) law is, how it binds, how law maybe created, implemented, applied and interpreted (and by whom). This chapter also looks into the issue of overall efficacy: do constitutions deliver upon the tings they promise? Can one measure the constitutional performance of constitutions? Does age matter? (Yes, it does: durable constitutions mostly yield better results than very short lived ones do). Can constitutions be self-enforcing? And last but not least: if constitutions promise things that are not delivered, or if constitutions are not abided by (sham constitutions), what happens then?
Keywords
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- Information
- The Story of ConstitutionsDiscovering the We in Us, pp. 241 - 257Publisher: Cambridge University PressPrint publication year: 2023