CEU Electronic Theses and Dissertations, 2018
| Author | Sijoria, Siddharth |
|---|---|
| Title | Unconstitutional Constitutional Amendment: Limiting Amendment Power In India, Colombia And Benin |
| Summary | This thesis presents an overview of the Doctrine of Unconstitutional Constitutional Amendments as invoked by the Constitutional Courts of India, Colombia and Benin. The application of the doctrine impliedly restricts the power of legislature to amend the basic elements that constitutes the identity of the Constitution. The invocation of the doctrine has been criticized as being undemocratic since it limits the power of the Parliament to amend the Constitution despite any express limitation in the Constitution. However, I will argue that the criticism is misplaced as the doctrine has a constitutional basis and represents the true nature of democracy. Moreover, the application of the doctrine has been employed to control abuse of amendment power by governments to secure permanency in office. |
| Supervisor | Professor Renata Uitz |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2018/sijoria_siddharth.pdf |
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