Part VI Institutions, Ch.37 Ensuring Constitutional Efficacy
Juliane Kokott, Martin Kaspar
Edited By: Michel Rosenfeld, András Sajó
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...