All partners logo heb

Backhaus (1978). Constitutional Guarantees and the Distribution of the Power and Wealth

Backhaus, J. (1978). Constitutional guarantees and the distribution of power and wealth. Public Choice33(3), 45-63.


This paper sets out to provide an analysis of the process of interpreting the constitution, by which the constitutional norms are not only applied and adapted to changing circumstances but essentially changed in content. The analysis concentrates on a rather specific example, a norm which has a clearly demonstrable impact on different identifiable interests. The approach is, however, easily generalizable and may be applied to any constitutional norm specific enough to foster a clash of interests. The analysis undertaken is in contrast to the debate on constitutional issues cited earlier - clearly positive. No normative conclusions are arrived at nor desired, rather the analysis seeks to present strategic considerations concerning constitutional litigation.