Jerg Gutmann and Stefan Voigt (University of Hamburg – Institute of Law and Economics and University of Hamburg – Institute of Law & Economics) have posted Militant Constitutionalism – A Promising Concept to Make Constitutional Backsliding Less Likely? on SSRN. Here is the abstract:
Constitutional democracy is in decline and many would-be autocrats try to elude constitutional constraints or even to exploit constitutions in their favor. We make a number of proposals for designing constitutions that are more resilient against such attempts. A first look at the empirical evidence, however, is sobering. There is little evidence that many appealing constitutional rules are able to increase constitutional resilience.