Assessing the effectiveness and efficacy of Constitutional provisions using empirical research methods

Constitutions are essential for establishing and maintaining democratic societies. They simultaneously fulfill many different functions. Typically, constitutions grant fundamental rights to citizens, declare a national identity, constitute state institutions, and govern the relationship between state powers. The question of how to assess the performance or efficacy of constitutions has been brought up in debates on why and how constitutions matter. Still, how to assess the performance of a Constitution remains unclear. This could be attributed to the fact that a Constitution might effectively serve certain functions well but fall short in fulfilling others. Hence, it is useful to shift the focus from constitutions in their entirety, to specific provisions thereof. Indeed, despite the centrality of constitutions to the functioning of democracies, it is often unclear how their individual provisions translate into practice.

Understanding the effectiveness of constitutional provisions requires empirical research. The use of empirical research can help to bridge the gap between the theoretical understanding of constitutional provisions and their actual application, as Adam Chilton and Mila Versteeg have shown in How Constitutional Rights Matter (2020). Therefore, we aim to explore empirical research methods that can be used to determine the effectiveness of a Constitutional provision – or a set of constitutional provisions when these serve a common function, goal or principle. Empirical rather than doctrinal approaches can also help identify gaps between the function of constitutional provisions and their actual performance. To this end, we are seeking contributions from scholars and practitioners involving empirical research on the effectiveness of constitutional provisions, and that evaluate the extent to which constitutional provisions have succeeded or failed in meeting their intended objectives.

Constitutions are political, legal and social documents, so we invite authors with a background in e.g. law, sociology and political science to participate. Contributions to this Research Topic are required to employ some element of empirical research to support claims of (in)effectiveness of constitutional provisions. Research methods may entail - but are not limited to - employing interviews, survey data, official statistics, or discourse analysis. What determines the effectiveness or success of a provision is up to the authors to determine and justify. We hope to advance the understanding of the effectiveness of constitutional provisions and their practical implications. Ultimately, we aim to contribute to the ongoing debate on the significance and methodology of assessing the performance or efficacy of Constitutions, in the hope of promoting more effective and democratic societies.