We the people: federalism and constitutional reform
by Francisco Caamaño Domínguez
International Journal of Human Rights and Constitutional Studies (IJHRCS), Vol. 8, No. 1/2, 2021

Abstract: It was not by chance that the power of amendment was born with the first democratic and federal constitution in history. Its express recognition arose not only because of tensions between the minority and the majority, but also because of the need to articulate a formula of understanding between the peoples of the states and the federal nation. This latter perspective is what this article examines, from two fundamental axes. The first is based on the idea the constitutional recognition of the power of amendment replaces the classical right of rebellion - which became a right to secession - of member states with a 'constitutional right to block reform', one of the characteristics of federal states. The second axis of analysis is linked to the affirmation that the state is a reality that precedes and conditions the constitution as a law, which is why implicit limits may be inferred to the power of amendment from this pre-existence.

Online publication date: Mon, 22-Mar-2021

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