Abstract
The concept of “unconstitutional constitutional amendments” (UCA) has been
proffered as a potential way out of the increasing quandary of democratic backsliding in an era of post-truth politics, which is not merely a phenomenon in the Western world, but in major jurisdictions elsewhere as well. This piece will reflect on a working definition for UCAs, present examples of UCAs in action and seek to look towards the future, a future in which the courts may play a pivotal role in defining the outer limits of permissible constitutional amendments.
proffered as a potential way out of the increasing quandary of democratic backsliding in an era of post-truth politics, which is not merely a phenomenon in the Western world, but in major jurisdictions elsewhere as well. This piece will reflect on a working definition for UCAs, present examples of UCAs in action and seek to look towards the future, a future in which the courts may play a pivotal role in defining the outer limits of permissible constitutional amendments.
Original language | English |
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Title of host publication | (L)AW Matters |
Subtitle of host publication | Blogs and Essays in Honour of Prof. Dr. Aalt willem Heringa |
Editors | Sascha Hardt, Mariolina Eliantonio, Anne Pieter van der Mei |
Place of Publication | De Bilt |
Publisher | Boekenmakers.nl |
Pages | 53-57 |
ISBN (Print) | 978-94-6423-744-3 |
Publication status | Published - 25 Mar 2022 |