One of the core issues for Constitutional Theory is justifying why constitutional law is superior to ordinary legislation. This fundamental question must be answered both in regard to the Constitution as originally enacted, and in regard to any constitutional amendments. In what concerns constitutional amendments, any answer that intends to go beyond a strictly formalist answer and address issues of legitimacy must present: (i) a theory of the special authority of the constitutional amendment power in relation to ordinary legislators, and (ii) an analysis of the actual practice and design of constitutional amendment rules that discusses if they can actually be justified or not. This article examines the design and the practice of constitutional amendment law in several Latin American countries arguing that, in some cases, there is a mismatch between theory and reality.
Our 2020 Annual Conference was scheduled to be held at the University of Wrocław in Poland on July 9-11, 2020.
Due to the COVID-19 pandemic, the ICON·S Executive Committee has decided to postpone our 2020 Conference to 2021. Our next Annual Conference will take place from July 8-10, 2021, in Wrocław, Poland.
Procedural details regarding the organization of the 2021 Conference will follow in the months ahead.Join ICON•S