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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Constitutional Resilience

András Jakab

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]
Article last updated:
October 2021

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2024

Subject(s):
Constitutions and international law — Supremacy — Constitutional design — Comparative constitutional law — Constitutions and amendments

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

1 Constitutional resilience is the capacity of a constitutional system to withstand attempts aimed at changing or violating its core elements. The expression is used mostly in the context of protecting democracy and the rule of law (Grabenwarter). Resilience depends on the interaction of the constitutional design (including adaptation through constitutional amendment, ordinary legislation, and case-law, see Skowronek and Orren; amendment or revision of constitutions) and the political-social-cultural context in which a constitution operates. Challenges can be...
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