Hur kan konstitutionell uthållighet mätas?

Kirjoittajat

• Dag Anckar

Abstrakti

Measures of constitutional endurance as a rule operate with whole revisions, meaning that the life-span of a given constitution is elapsed only when the constitution has been replaced with a new constitution. Most constitutional changes, however, are of an amendment nature, this meaning that they are partial, substituting parts and portions while leaving the constitutional frame and entity intact. Even large portions of constitutional texts may therefore be of a more recent origin than suggested by the constitution year alone. Obviously, then, amendment rates need to be in­cluded in endurance calculations; this study reports an effort to clear grounds for such an inclusion. Deriving on the basis of dimensions of amendment issues and amendment frequency an amendment typology, and using thereafter this typology as a point of departure, the study develops a method, the general idea of which is to reduce the endurance length in years of constitutions by portions of 10, 20 or 30 percent, depending on the scope and amount of amendments. The specific operatio­nalizations of the typology are discussed at some length; several empirical references and examples are added. Also, case studies of Vanuatu, South Korea and Trinidad and Tobago offer illustrative applications of the method.