Thread: Thin and Thick constitutions (rule of law)

Hi, I am a new member of this forum.

I am in a trouble with the translation of the above title. I am translating part of a book by M. Tushnet called "Taking the constitution away from Courts" and the author makes a distinction between these two types of constitutions. Please find below the context:

"[...] Developing the argument against judicial supremacy and for a populist constitutional law requires me to introduce a distinction that will pervade this book between: the thick constitution and the thin constitution.[...]"

I´ve been investigating about this matter and in general the distinction leads to subjects such as: the rule of law and different scholars´ positions as Dicey and Dworkin as opposed.

Please, I would appreciate your helping me on the translation of these terms. Thanks a lot in advance.

Hello AdriLizzy,

I found this article that may help you

http://uu.diva-portal.org/smash/get/...FULLTEXT01.pdf

Many thanks for the answer. The link you sent contains the explanation about the difference. However, there is a loop on the matter I cannot still understand. "Thin" would imply to establish the rules protecting citizens´rights and the procedures setting out how parliaments must be elected and governments form. So far so good, this is at least what Argentinean, American and constitutions in general contain; but then what I cannot manage to understand is what the "thick" concepcion seeks. If I could see the difference well, I think I could find the accurate translation in Spanish since obviously the literal translation "fina" o "gruesa" is not appropriate and "formal" or "sustancial" does not make any sense to the Spanish speakers if translated that way.

Originally Posted by ludmilak

Hello AdriLizzy,

I found this article that may help you

http://uu.diva-portal.org/smash/get/...FULLTEXT01.pdf

Many thanks for the answer. The link you sent contains the explanation about the difference. However, there is a loop on the matter I cannot still understand. "Thin" would imply to establish the rules protecting citizens´rights and the procedures setting out how parliaments must be elected and governments form. So far so good, but then what I cannot manage to understand is what the "thick" concepcion seeks. If I could see the difference well, I think I could find the accurate translation in Spanish since obviously the literal translation "fina" o "gruesa" is not appropriate and "formal" or "substancial" does not make any sense to the Spanish speakers if translated that way.
Perhaps you can help me to see that difference. Anyway, many thanks for the link