Constitutions and the rule of law

This chapter gives an overview of the state of research on constitutions and the rule of law, focusing on trends, main approaches, findings and controversies. Constitutions fulfil different functions and are marked by a variety of forms, contents and relevance which complicate comparative studies. Yet, new large-N data sets and qualitative comparisons have opened up new possibilities. Constitutional engineering and constitutional amendments, two important subjects of investigation, are presented in more detail. The chapter also demonstrates that while the rule of law is a precondition for constitutions fulfilling their functions, it is itself a partly contested concept entailing numerous conceptual and methodological challenges. In sum, the chapter reveals that comparative research on constitutions and the rule of law has made substantial progress. It concludes by making suggestions for future research.