The ‘Living’ Constitution: Shadow and Substance

  • K. Loewenstein


For an ontological evaluation of constitutions it is essential to recognize that the reality of a specific functional arrangement of powers depends to a large measure on the sociopolitical environment to which the pattern is applied. From its own experience the politically advanced Western world is apt to draw the conclusion that, once a constitutional order has been formally accepted by a nation, it is not only valid in the sense of being legal but also real in the sense of being fully activated and effective. If this is the case, a constitution is normative. To use a homely simile: the constitution is a suit made to measure and is actually worn. It is, however, an assumption that requires verification in every single case.


Political Party Judicial Review German Democratic Republic Constitutional Amendment Constitutional Government 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.


Unable to display preview. Download preview PDF.

Unable to display preview. Download preview PDF.

Copyright information

© Jean Blondel 1969

Authors and Affiliations

  • K. Loewenstein

There are no affiliations available

Personalised recommendations