Is the Constitution Unbounded? Overlapping Adoption and Amendament Assessments Cover Image

Is the Constitution Unbounded? Overlapping Adoption and Amendament Assessments
Is the Constitution Unbounded? Overlapping Adoption and Amendament Assessments

Author(s): Sonia Drăghici
Subject(s): Constitutional Law, Politics and law
Published by: Editura Universitaria Craiova
Keywords: Constitution; adoption; amendament; legitimacy; theory;

Summary/Abstract: The present article presents the contemporary constitutional theory as a common place understanding that the procedures for the adoption and revision of the Constitution concern a certain type of society and political thought, properly described by the trend of constitutionalism aiming at the limitation and organization of the political power in order to protect freedom and human rights (Dănișor, 2014: 30). Viewed within this relation, the procedures for the adoption and revision of the Constitution must contribute to the organization of a society of freedom (Alexandru, 2013: 61). The methods of achieving this objective vary according to the country where they are applicable, therefore one can talk about a British, French, American, German constitutionalism and so on, with the possibility of checking whether a constitution or another falls within the paradigm described by constitutionalism, whether there is a real protection of personal freedom by specific political mechanisms for the adoption and revision of fundamental laws or interaction of state powers.

  • Issue Year: 2015
  • Issue No: 45
  • Page Range: 31-42
  • Page Count: 12
  • Language: English