The present fascination with the global phenomenon of an unconstitutional constitutional amendment has left open the question whether a constitution can be unconstitutional. To declare an entire constitution unconstitutional seems different in both kind and degree from invalidating a single amendment for violating the architectural core of a constitution, itself undoubtedly an extraordinary action. In this Article, I illustrate and evaluate four different conceptions of an unconstitutional constitution. Each conception draws from a different constitution currently in force around the world, specifically the Constitutions of Canada, Mexico, South Africa and the United States. Despite their unconstitutionality in different senses of the conce...
In this Article, Professor Sunstein suggests that the unconstitutional conditions doctrine embodies ...
Constitutionalism compels and constrains all dimensions of our everyday lives in ways large and smal...
This Article focuses on the possible substantive unconstitutionality of purported constitutional ame...
The present fascination with the global phenomenon of an unconstitutional constitutional amendment h...
It has become increasingly common for courts in constitutional democracies to invalidate constitutio...
Many courts around the world have either asserted or exercised the power to invalidate a constitutio...
High courts around the world have increasingly invalidated constitutional amendments in defense of t...
This research project stems from a single puzzle: how can constitutional amendments be unconstitutio...
The American traditions of constitutional amendment raise contrasts and continuities with constituti...
Liberalism may not have won the global victory that some commentators predicted, but constitutionali...
45 páginasMany courts around the world have either asserted or exercised the power to invalidate a c...
In this Article, Professor Sullivan postulates that the unconstitutional conditions doctrine is a do...
The problem of the unconstitutionality of amendments to a constitution is the conditio sine qua non ...
This paper analyses the relation between the constitution and constitutionalism. It elaborates the t...
The United States Constitution is treated as a singular document in the study of law. In this Essay,...
In this Article, Professor Sunstein suggests that the unconstitutional conditions doctrine embodies ...
Constitutionalism compels and constrains all dimensions of our everyday lives in ways large and smal...
This Article focuses on the possible substantive unconstitutionality of purported constitutional ame...
The present fascination with the global phenomenon of an unconstitutional constitutional amendment h...
It has become increasingly common for courts in constitutional democracies to invalidate constitutio...
Many courts around the world have either asserted or exercised the power to invalidate a constitutio...
High courts around the world have increasingly invalidated constitutional amendments in defense of t...
This research project stems from a single puzzle: how can constitutional amendments be unconstitutio...
The American traditions of constitutional amendment raise contrasts and continuities with constituti...
Liberalism may not have won the global victory that some commentators predicted, but constitutionali...
45 páginasMany courts around the world have either asserted or exercised the power to invalidate a c...
In this Article, Professor Sullivan postulates that the unconstitutional conditions doctrine is a do...
The problem of the unconstitutionality of amendments to a constitution is the conditio sine qua non ...
This paper analyses the relation between the constitution and constitutionalism. It elaborates the t...
The United States Constitution is treated as a singular document in the study of law. In this Essay,...
In this Article, Professor Sunstein suggests that the unconstitutional conditions doctrine embodies ...
Constitutionalism compels and constrains all dimensions of our everyday lives in ways large and smal...
This Article focuses on the possible substantive unconstitutionality of purported constitutional ame...