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date: 25 August 2019

Abstract and Keywords

This article shows several key instruments on how to ensure that a constitution's rights and rules are being respected and guaranteed effectively. It discusses constitutional courts versus parliamentary sovereignty; non-judicial methods and constitutional efficacy; and judicial review and constitutional efficacy. In guaranteeing the effectiveness of a constitution, important constitutional principles, such as the supremacy of parliament, may sometimes have to be limited. Furthermore, the effective application of constitutional norms can (or maybe even needs to) reduce the efficiency of political systems, especially in federal or supranational systems. All in all, there can be no general conclusion on which instruments are better suited to guard the constitution's efficacy. The result varies from country to country depending on many factors, such as political culture, the constitution's length and precision, or even contradictory rights and principles within a constitution, to name but a few.

Keywords: constitution, rights, rules, constitutional courts, parliamentary sovereignty, judicial review

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