Constitutional replacement doctrine
by Francisco J. Bastida Freijedo
International Journal of Human Rights and Constitutional Studies (IJHRCS), Vol. 7, No. 4, 2020

Abstract: The so called 'constitutional replacement doctrine' is a case-law doctrine of the India Supreme Court and the Colombia Constitutional Court, but also a scholarly one. This doctrine differentiates between constitutional amendment and constitutional replacement in order to protect what are considered the constitution's essential elements (basic structure). This doctrine justifies the power of the courts to review the substance of constitutional amendments and so to prevent constitutional amendment power from changing the constitution's essence, even when there are no expressed substantial limitations upon it and it complies with the constitutional amendment procedure. This paper critically analyses that doctrine, because it is based on a material understanding of the constitution that weakens its normative value.

Online publication date: Mon, 30-Nov-2020

The full text of this article is only available to individual subscribers or to users at subscribing institutions.

 
Existing subscribers:
Go to Inderscience Online Journals to access the Full Text of this article.

Pay per view:
If you are not a subscriber and you just want to read the full contents of this article, buy online access here.

Complimentary Subscribers, Editors or Members of the Editorial Board of the International Journal of Human Rights and Constitutional Studies (IJHRCS):
Login with your Inderscience username and password:

Username:        Password:          Forgotten your password?

Want to subscribe?
A subscription gives you complete access to all articles in the current issue, as well as to all articles in the previous three years (where applicable). See our Orders page to subscribe.

If you still need assistance, please email subs@inderscience.com