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...

Panel 43, TUESDAY JUNE 26 2018 9:00 AM - 10:30 AM