Contemporary constitutional democracies assume a dualistic political conception to distinguish the creation of the constitutional law from the ordinary legislation. Both procedural limits to the amending power and unamendable clauses aim to protect the constitution against its substitution or ordinary modification. However, the amending power does not fall into the same category as the original...
Tag: <span>Jairo Lima</span>
When 5×4 is not a winning majority: judicial decision-making on unconstitutional constitutional amendments
The main democratic critiques on the strong judicial review tend to disregard the constitutional amendment as a mechanism to mitigate judicial supremacy. For political constitutionalism, supermajority rules do not offer equal treatment, as this rule favors the maintenance of the status quo by making changes more difficult to occur. Underlying this assertion is the belief...