Constitutional Reform: Understanding Derived Constituent Power
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The Derived Constituent Power: Reforming the Constitution
A constitutional text is implemented, and with diverse content in place, legislatures begin every four years, and elections are called. A constitution lasts for the duration; there is no deadline.
The EC (presumably, the existing constitution) should ensure stability and a standard duration through rigid constitutional mechanisms.
To change the EC, one has to modify it and create another. Legal norms are norms amending constitutions, flexible, but usually not changed like the rest of the rules. They establish special mechanisms to stiffen constitutional amendment. This is implemented in two ways:
Intangibility clauses: For example, the German constitution cannot be reformed in ways that... Continue reading "Constitutional Reform: Understanding Derived Constituent Power" »