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Part VI Institutions, Ch.37 Ensuring Constitutional Efficacy

Juliane Kokott, Martin Kaspar

From: The Oxford Handbook of Comparative Constitutional Law

Edited By: Michel Rosenfeld, András Sajó

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 26 March 2023

A clear and general definition of ‘constitutional efficacy’s has not yet been established. On a general level the term can be understood to cover all the requirements for a constitution to work well once it has been set in place. More precisely, constitutional efficacy relates to the difference between the ‘written’ constitution and constitutional reality: the smaller this difference, the higher the degree of efficacy. Naturally, a constitution’s effectiveness depends on its own writing and design. While a short and basic constitution might work for some...
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