@article{2025:crouch:constituti,
title = {Constitutional Coup-Proofing},
year = {2025},
note = {The persistence of military coups in the Global South raises new
questions in terms of how constitution-makers use constitutions to
prevent, deter or resist a coup and to what effect. In this article,
we examine how constitution-makers respond to the threat of future
military coups. Building on and extending the literature on
coup-proofing, we argue that coup-proofing is not only a political
strategy but can also be a legal one. We define constitutional
coup-proofing as constitutional design strategies that aim to both
prevent coups and deter the future possibility of a coup. We further
identify five strategies of constitutional coup-proofing. We
illustrate these strategies through case studies. Contributing to
calls for a military turn in comparative constitutional law, we
outline an agenda for the study of constitutional coup-proofing. The
coup-proofing function of constitutions is important but overlooked
and requires greater sociological attention given the prevalence of
this strategy by constitution-makers in countries with a history of
military rule or unconstitutional overthrow of government by force.},
journal = {VRÜ Verfassung und Recht in Übersee},
pages = {574--602},
author = {Crouch, Melissa and Sperfeldt, Christoph},
volume = {58},
number = {4}
}