Chapter 23: Constitutions and the rule of law

This chapter gives an overview of the state of research on constitutions and the rule of law, focusing on trends, main approaches, findings and controversies. Constitutions fulfil different functions and are marked by a variety of forms, contents and relevance which complicate comparative studies. Y...

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Auteur principal: Lorenz, Astrid
Format: Online
Langue:anglais
Publié: Edward Elgar Publishing 2024
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Accès en ligne:https://directory.doabooks.org/handle/20.500.12854/146248
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author Lorenz, Astrid
author_browse Lorenz, Astrid
author_facet Lorenz, Astrid
author_sort Lorenz, Astrid
collection Directory of Open Access Books
description This chapter gives an overview of the state of research on constitutions and the rule of law, focusing on trends, main approaches, findings and controversies. Constitutions fulfil different functions and are marked by a variety of forms, contents and relevance which complicate comparative studies. Yet, new large-N data sets and qualitative comparisons have opened up new possibilities. Constitutional engineering and constitutional amendments, two important subjects of investigation, are presented in more detail. The chapter also demonstrates that while the rule of law is a precondition for constitutions fulfilling their functions, it is itself a partly contested concept entailing numerous conceptual and methodological challenges. In sum, the chapter reveals that comparative research on constitutions and the rule of law has made substantial progress. It concludes by making suggestions for future research.
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spelling doab-20.500.12854ir-1462482024-10-16T14:27:39Z Chapter 23: Constitutions and the rule of law Lorenz, Astrid Constitutions; Constitutional engineering; Constitutional amendments; Rule of law; Democratic backsliding JPSN This chapter gives an overview of the state of research on constitutions and the rule of law, focusing on trends, main approaches, findings and controversies. Constitutions fulfil different functions and are marked by a variety of forms, contents and relevance which complicate comparative studies. Yet, new large-N data sets and qualitative comparisons have opened up new possibilities. Constitutional engineering and constitutional amendments, two important subjects of investigation, are presented in more detail. The chapter also demonstrates that while the rule of law is a precondition for constitutions fulfilling their functions, it is itself a partly contested concept entailing numerous conceptual and methodological challenges. In sum, the chapter reveals that comparative research on constitutions and the rule of law has made substantial progress. It concludes by making suggestions for future research. Published 2024-10-16T14:27:35Z 2024-10-16T14:27:35Z 2024-10-22 chapter 9781803929095 https://directory.doabooks.org/handle/20.500.12854/146248 eng image/jpeg Attribution-NonCommercial-NoDerivatives 4.0 International https://www.e-elgar.com/shop/gbp/handbook-of-comparative-political-institutions-9781803929088.html https://www.elgaronline.com/edcollchap-oa/book/9781803929095/book-part-9781803929095-31.xml Edward Elgar Publishing Edward Elgar Publishing 10.4337/9781803929095.00031 10.4337/9781803929095.00031 01ceac28-75b4-492a-8eec-f9b98bc6b28c https://creativecommons.org/licenses/by-nc-nd/4.0/ 9781803929095 Edward Elgar Publishing Cheltenham, UK open access
spellingShingle Constitutions; Constitutional engineering; Constitutional amendments; Rule of law; Democratic backsliding
JPSN
Lorenz, Astrid
Chapter 23: Constitutions and the rule of law
title Chapter 23: Constitutions and the rule of law
title_full Chapter 23: Constitutions and the rule of law
title_fullStr Chapter 23: Constitutions and the rule of law
title_full_unstemmed Chapter 23: Constitutions and the rule of law
title_short Chapter 23: Constitutions and the rule of law
title_sort chapter 23 constitutions and the rule of law
topic Constitutions; Constitutional engineering; Constitutional amendments; Rule of law; Democratic backsliding
JPSN
topic_facet Constitutions; Constitutional engineering; Constitutional amendments; Rule of law; Democratic backsliding
JPSN
url https://directory.doabooks.org/handle/20.500.12854/146248
work_keys_str_mv AT lorenzastrid chapter23constitutionsandtheruleoflaw