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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Legal Effect of Constitutions

Elena Bindi, Mario Perini

Subject(s):
Constitutional interpretation — Constitutional processes — Principles and objectives of constitutions — Comparative constitutional law — Constitutions and amendments — Rights — The state

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. Legal effect refers to the different legal effects that constitutional norms may generate in a specific legal system. These are distinguished from the political, social, and psychological effects that constitutions may have on individuals and society at large. Both these latter effects and legal effects may affect human actions to some extent, but only legal effects constitute a legal basis for the acts, actions, and conduct of public authorities. Constitutional norms taken into consideration are only those inspired by constitutionalism —that is, constitutions...
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