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Constituent power and the politics of unamendability
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Malagodi, Mara, Abeyratne, Rehan and Bui, Ngoc Son (2021) Constituent power and the politics of unamendability. [Online]. (https://www.iconnectblog.com/constituent-power-and...)Blog of the International Journal of Constitutional Law.
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Official URL: https://www.iconnectblog.com/constituent-power-and...
Abstract
Judicial interventions in questions of constitutional unamendability are usually contentious, but become even more controversial when they encroach upon the activity of constitution making. Adjudication over unconstitutional constitutional amendments already interrogates the appropriate limits to judicial involvement in the constitutional sphere. However, when this kind of adjudication is coupled with direct judicial interference in the exercise of constituent power, the notion of constitutional supremacy clashes even more directly with that of popular sovereignty and the realm of law and the realm of politics explosively collide.[1]
Item Type: | Digital Scholarly Resource | ||||
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Divisions: | Faculty of Social Sciences > School of Law | ||||
Publisher: | Blog of the International Journal of Constitutional Law | ||||
Official Date: | 8 September 2021 | ||||
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Publication Status: | Published | ||||
Media of Output (format): | Blog post |
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