Document Type : Research Paper
Authors
1 Ph.d Student , Public Law. Allameh Tabataba'i University, Tehran, Iran
2 Associate Professor, Department of Public International Law, Allameh Tabataba'i University, Tehran, Iran
Abstract
Constitutional unamendability is a pivotal issue in contemporary comparative constitutional law and represents a key aspect of constitutional theory. This concept presents significant theoretical and practical challenges across various legal systems. the impact of constitutional unamendability on the principles and norms within the spheres of institutional design, judicial review, and political interactions is significant. It plays a crucial role in establishing a stable equilibrium between constitutionalism and democracy. This paper aims to address two fundamental questions: what is the legal basis for constitutional unamendability? which provisions of the constitution should remain immune from amendment? The resolution of these two questions hinges upon a prior determination: What is the constitutional unamendability? This paper, using normative method, demonstrates that the theory of constitutional unamendability seeks to understand the nature of amendment as a derived constituent power by distinguishing between amendment and revision. The theory also examines transnational unamendability based on a universal interpretation of constitutionalism and justifies the boundaries of explicit and implicit limitations on the amendment. The implications of transnational unamendability manifest in the constrained adherence to the unamendability of constitutional values, the allowance for the unamendability of intermediate values, and the absolute prohibition of the unamendability of anti-constitutional values.
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