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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Functions of Constitutions

Till Patrik Holterhus, Sven Siebrecht

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 November 2024

Subject(s):
Postcolonial constitutionalism — Form and substance of constitution — Rule of law — Types of constitutions — Comparative constitutional law — Democracy — Liberalism — Individual rights — Fundamental rights

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 The question of what purpose constitutions serve in a political community is one of the most fundamental issues in both constitutional theory and comparative constitutional law. However, comprehensive scholarly contributions on the functions of constitutions are surprisingly scarce. Given this fact, this entry aims at contributing some analytical clarity regarding the overarching functions of constitutions beyond specific constitutional orders or cultures (culture). For this purpose, it develops a theory of constitutional functions that strictly separates the...
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