- The Art, Craft, and Science of Policing
- Crime and Criminals
- Criminal Process and Prosecution
- The Crime-preventive Impact of Penal Sanctions
- Contracts and Corporations
- Financial Markets
- Consumer Protection
- Bankruptcy and Insolvency
- Regulating the Professions
- Personal Injury Litigation
- Claiming Behavior as Legal Mobilization
- Labor and Employment Laws
- Housing and Property
- Human Rights Instruments
- Social Security and Social Welfare
- Occupational Safety and Health
- Environmental Regulation
- Administrative Justice
- Access to Civil Justice
- Judicial Recruitment, Training and Careers
- Trial Courts and Adjudication
- Appellate Courts
- Dispute Resolution
- Lay Decision-Makers in the Legal Process
- Evidence Law
- Civil Procedure and Courts
- Collective Actions
- Law and Courts'Impact on Development and Democratization
- How Does Inter National Law Work?
- <b>Lawyers and Other Legal Service Providers</b>
- Legal Pluralism
- Public Images and Understandings of Courts
- Legal Education and the Legal Academy
Abstract and Keywords
This article deals with the housing framework of laws, that is, constitutions. It distinguishes between constitution referring to the de jure, formal, written book of laws and codes that assume supreme authority within any structure, and constitution which defines a body of informal, conditional rules and laws that do not have supreme authority but are abided by, owing to various objective, subjective factors. Constitution reflects the gap between aspiration and actuality, and constitution attracts a higher degree of compliance and implementation. Studies have indeed found a negative relationship between formal rights protection and actual rights observance. The article reveals that rights guarantees are more prone to failure than success as they depend substantially on environmental and institutional conditions. This article emphasizes a symbiosis between judicialization and constitutionalization while a policy question needs to be judicial in nature if the judiciary has to decide on it.
David S. Law is Professor of Law and Professor of Political Science at Washington University in St Louis.
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