(I)Liberal Constitutionalism and Populism: how “We, the people” threat constitutional changes

The idea that the constitutional amendment power is limited and that amendments can be unconstitutional gains traction by the day. While scholarship attempts to make a theoretical sense of it, the idea continues to migrate across jurisdictions. This panel will discuss the idea of unconstitutional amendments from both theoretical and comparative perspectives. Is the Slovak Constitutional Court devising a doctrine of unconstitutional constitutional amendments? Can an evaluative justification be offered for constitutional unamendability instead of the recent positivist justifications? What does ‘the people’s participation in constitutional change entail regarding democratic constitutionalism and the legitimacy of constitutional change? Exploring these questions, this panel aims to contribute to this topical issue with novel perspectives.