Constitutional Efficiency and Aretology: Kelsen's Question and Aristotelian Answer

Kelsen claims that the constitution is effective when “in accordance with [it] laws and judicial decisions and administrative decisions are effectively issued”. An effective constitution would have to contain institutional measures to ensure the “guarantee of the legality of the levels of law that stand immediately below the constitution”. The effectiveness of the constitution is based on the attitudes of those acting as authorities, i.e. bodies creating sub-constitutional norms and bodies guarding their compliance with the constitution. The question arises, what makes the addressees of constitutional norms comply with them despite the lack of a coercive apparatus guaranteeing their observance? An attempt to answer this question can be formulated with the help of Aristotle's ethics of virtues, which allows for the definition of ethical conditions for the effectiveness of a constitution (Kelsen's dependent norms).