This paper will defend Kelsen’s claim that formal constitutionality is reducible to material constitutionality. It will do so by discussing the question whether it is possible for a written constitution to limit judicial review of constitutional amendments to purely procedural review. There are several cases where such limitations broke down in practice. It will be shown that these apparent instances of judicial overreach were inevitable, in light of the reducibility of formal to material constitutionality first diagnosed by Kelsen, and that they should be welcomed by proponents of democratic constitutionalism.
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