The ‘Living’ Constitution: Shadow and Substance
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.
KeywordsPolitical Party Judicial Review German Democratic Republic Constitutional Amendment Constitutional Government
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