Constitutional Review Of Constitutional Amendments Cover Image

Уставносудска контрола уставних промена
Constitutional Review Of Constitutional Amendments

Author(s): Vladimir Đurić
Subject(s): Constitutional Law, Politics and law
Published by: Institut za uporedno pravo
Keywords: constitutional review; constitutional amendments; constitutional courts;

Summary/Abstract: This paper deals with the constitutional review of constitutional amendments. The examination of comparative law regarding the constitutional review of amendments to the constitutions shows that such a review is no longer merely a theoretical hypothesis, but rather an existing practice in many constitutional systems. Some constitutions provide a posteriori formal constitutional review, while the others establish a priori substantive review. Moreover, comparative experiences show that the constitutional courts, in absence of constitutional provisions, interpreted their jurisdiction widely in order to allow such control. The horizontal spreading of constitutional review of constitutional amendments was followed in some states by its vertical substantive weakening, both in terms of ground, and in terms of the standard of such review.

  • Issue Year: 2015
  • Issue No: 1
  • Page Range: 85-106
  • Page Count: 22
  • Language: Serbian