Tag: constitutional amendment
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Should the Unconstitutional Constitutional Amendments Doctrine be Part of the Canon?
—David Landau, Florida State University College of Law The concept of substantively unconstitutional constitutional amendments, for example in the Indian “basic structure” doctrine, presents one of the strangest puzzles in comparative constitutional law. It raises obvious and substantial problems from the standpoint of democratic theory, raising a kind of ultimate counter-majoritarian difficulty.
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Is Turkey in the process of adopting a new constitution or a large scale constitutional amendment? Some questions concerning constitutional theory
–Ali Acar, PhD Student at European University Institute [ali.acar@eui.eu ] Turkey is currently undergoing a process of drafting a new constitution. The lack of legitimacy of the present, 1982, constitution, which was originated from the 1980 military coup d’état, renders adoption of a new contitution necessary in the public opinion.
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New Developments on Japan’s Proposed Constitutional Amendment Process
–Tokujin Matsudaira, Kanagawa University Faculty of Law Recently the Asahi Shimbun Weekly (ASW, a special Monday edition of Asahi News) interviewed eight constitutional scholars and asked them to answer a survey about the possible amendment of Japan’s postwar constitution. The results appeared in ASW on April 8 (in Japanese).
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Greece’s Constitutional Revision Dilemmas
–Xenophon Contiades and Alkmene Fotiadou, Centre for European Constitutional Law Greece is about to revise its Constitution. The question is why now and towards which direction. The timing is connected to the prerequisites of the amending formula, which sets a mandatory time lapse between revisions, that is, revision of the Constitution is not permitted within…
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Creating a Constitutional Process Design for Libya via Constitutional Amendment
—Lorianne Updike Toler, The Constitutional Sources Project & Lorianne Updike Toler Consulting. The feared unrest in Libya prior to 15 February and now the confusion introduced by the Libyan Supreme Court’s decision last Tuesday to invalidate Amendment No. 3 of Libya’s Constitutional Declaration can all be attributed to the poor constitutional design of the Declaration…