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How Detailed State Constitutions Fuel Government Restrictions?
Insights from the Field
judicial review
state constitutions
constitutional amendments
policy flexibility
Law Courts Justice
SPPQ
Dataverse
The Role of Constitutional Features in Judicial Review was authored by Adam Brown. It was published by Sage in SPPQ in 2018.

Constitutional length, age, and amendment frequency influence judicial invalidations. Longer documents create policy constraints; rarely updated texts fail to adapt to modern issues; recently adopted frameworks contain logroll weaknesses.

Key Findings

  • Lengthy constitutions reduce government flexibility through increased detail
  • Outdated texts lead to higher rates of constitutional challenges due to irrelevance
  • Newer documents often feature problematic provisions from adoption processes

These findings demonstrate that formal constitution features can paradoxically increase substantive limitations on state power. The research adds nuance to ongoing debates about judicial review, highlighting how constitutional formality shapes government functionality.

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