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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Unconstitutional Constitutional Amendments

Beatrice Monciunskaite

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]
Article last updated:
July 2024

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 11 December 2024

Subject(s):
Amendment or revision — Judicial review of executive action — Judicial review of legislation — Comparative constitutional law — Constitutions and amendments — Democracy

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 The unconstitutional constitutional amendment doctrine is a concept in constitutional law that can be used to void an amendment to a constitution if that amendment violates a written or unwritten part of that constitution that is considered of particular importance (amendment or revision of constitutions; codified / uncodified constitution). This means that an amendment to a constitution can be voided on substantive grounds, even if the amendment’s origin is procedurally sound. At first glance, an unconstitutional constitutional amendment seems to be a paradox,...
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