The idea that the constitutional amendment power is limited and that amendments can be unconstitutional gains traction by the day. While scholarship attempts to make a theoretical sense of it, the idea continues to migrate across jurisdictions. This panel will discuss the idea of unconstitutional amendments from both theoretical and comparative perspectives. Is the Slovak...
(Il)liberal Constitutionalism and Populism: How “We, the People“ Threat Constitutional Changes
The idea that the constitutional amendment power is limited and that amendments can be unconstitutional gains traction by the day. While scholarship attempts to make a theoretical sense of it, the idea continues to migrate across jurisdictions. This panel will discuss the idea of unconstitutional amendments from both theoretical and comparative perspectives. Is the Slovak...
Unamendability for Constitutionality
Constitutional unamendability has recently found justifications that show reverence to constituent power. Such justifications ascribe natural unamendability to the fundamental principles based on democratic founding. These accounts overlook the point of having a constitution and the values that make up constitutionality. In grounding unamendability, they wrongly take constituent power instead of constitutionality as their point...
The Theory and Practice of Unconstitutional Constitutional Amendments in Slovakia
This paper critically reexamines the jurisprudence of “legal forms“ of the Slovak Constitutional Court and the corresponding possibility for an unconstitutional constitutional amendment decision. The Court traditionally held back from reviewing constitutional amendments, despite sporadic dicta in the case-law that if a challenged act constituted an abuse of form, it would need to do so....