Article

Ensuring Constitutional Efficacy

Juliane Kokott and Martin Kaspar

in The Oxford Handbook of Comparative Constitutional Law

Published in print May 2012 | ISBN: 9780199578610
Published online November 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199578610.013.0039

Series: Oxford Handbooks in Law

Ensuring Constitutional Efficacy

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This article shows several key instruments on how to ensure that a constitution's rights and rules are being respected and guaranteed effectively. It discusses constitutional courts versus parliamentary sovereignty; non-judicial methods and constitutional efficacy; and judicial review and constitutional efficacy. In guaranteeing the effectiveness of a constitution, important constitutional principles, such as the supremacy of parliament, may sometimes have to be limited. Furthermore, the effective application of constitutional norms can (or maybe even needs to) reduce the efficiency of political systems, especially in federal or supranational systems. All in all, there can be no general conclusion on which instruments are better suited to guard the constitution's efficacy. The result varies from country to country depending on many factors, such as political culture, the constitution's length and precision, or even contradictory rights and principles within a constitution, to name but a few.

Keywords: constitution; rights; rules; constitutional courts; parliamentary sovereignty; judicial review

Article.  11973 words. 

Subjects: Law ; Comparative Law ; Constitutional and Administrative Law

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