Blog of the International Journal of Constitutional Law

Tag: unamendability

  • An Unconstitutional Constitutional Amendment? The Strange Case of the Postponement of the 2020 Brazilian Election

    —Jairo Lima, Universidade Estadual do Norte do Paraná Among the many impacts the COVID-19 epidemic has had on political and constitutional activity worldwide, the postponement or cancellation of elections has been one of the key issues. According to data from the Institute for Democracy and Electoral Assistance, an institution that monitors electoral processes in the world, between February 2 and July 5, 67 countries and territories decided to postpone elections that were planned at the national or subnational level.[1]

  • Five Questions with Catarina Santos Botelho

    —Richard Albert, William Stamps Farish Professor of Law, The University of Texas at Austin In “Five Questions” here at I-CONnect, we invite a public law scholar to answer five questions about his or her research. This edition of “Five Questions” features a short video interview with Catarina Santos Botelho, Assistant Professor and Department Chair of Constitutional Law at the Porto Faculty of Law at the Catholic University of Portugal.

  • Special Undergraduate Series–Seventy Years of Accession: Reflections on Article 370 of the Indian Constitution

    Special Series: Perspectives from Undergraduate Law Students LL.B. Student Contribution —Zaid Deva, Candidate for B.A/LL.B (Hons.), Gujarat National Law University, India; Founding Editor, Indian Journal of Constitutional & Administrative Law Article 370, as the House will remember, is a part of certain transitional provisional arrangements.

  • I-CONnect Video Interview Series: Jean-Philippe Derosier on National Limits to European Integration

    –Richard Albert, Boston College Law School In this latest installment of our video interview series at I-CONnect, I interview Jean-Philippe Derosier on the subject of national constitutional limits to European Integration. The subject of our discussion is his recent book, published in May 2015, entitled “Les limites constitutionnelles à l’intégration européenne,” a comparative study of limits that the French, German and Italian Constitutions establish to European integration.

  • The Honduran Supreme Court Renders Inapplicable Unamendable Constitutional Provisions

    –Leiv Marsteintredet, Associate Professor in Latin American Area Studies, University of Oslo; Associate Professor in Comparative Politics, University of Bergen In a unanimous judgment on April 22, 2015,[1] the Constitutional Chamber of the Honduran Supreme Court rendered inapplicable and without effect the unamendable provisions in the 1982 Honduran Constitution.

  • Video Interview: Unamendability and Unconstitutional Constitutional Amendments Featuring Yaniv Roznai

    —Richard Albert, Boston College Law School In this latest installment of our new video interview series at I-CONnect, I interview Yaniv Roznai on unamendability and unconstitutional constitutional amendments. In the interview, we explore discuss the paradox of the concept of an unconstitutional constitutional amendment, the origins and modern legal implications of the concept, whether one can discern any global trends in unamendability, and whether unamendability can ever be more than a mere “parchment barrier.”

  • The Unamendable Corwin Amendment

    —Richard Albert, Boston College Law School Article V entrenches rules to formally amend the United States Constitution. It has been used to make and memorialize many democratic advances since the country’s founding, from the First Amendment’s protections for speech and religion, to the Fourteenth Amendment’s guarantee of equality, to the Twenty-Sixth Amendment’s expansion of the right to vote.