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Routledge Handbook of Constitutional Law by Cheryl Saunders, Thomas Fleiner, Mark Tushnet

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8The judiciary and constitutional review

Albert HY Chen and Miguel Poiares Maduro*

How can we ensure that a written constitution’s promises will be translated into reality? There is a world of difference between a paper constitution that is merely nominal or semantic (Loewenstein, 147–53), and a normative constitution that constrains and regulates the exercise of political power and secures the enjoyment of human rights. The challenge is one of institutional design: What kind of political and legal structures should be put in place to ensure that a constitution’s provisions will be put into practice? Constitutional rules might be embedded in political practice by the symbolic power of constitutional rules in shaping political discourse or by ...

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