Suchergebnisse

Reflects on why the State of Emergency Acts Review Commission created by Turkey in response to concerns over the lack of mechanisms for challenging the legality of the Government's dismissal of thousands of public officials and its closure of many non-governmental organisations during the state of emergency imposed after the failed coup of 2016 may itself prove to be a delaying tactic harmful to the rule of law and access to a court.

Many courts around the world have either asserted or exercised the power to invalidate a constitutional amendment. But we should not take the increasing prevalence of the doctrine of unconstitutional constitutional amendment as evidence of its appropriateness for all constitutional states. It is imperative that constitutional actors know that there is another answer to the question whether an amendment can be unconstitutional. We have three purposes in this Article, and we seek to fulfill each of them with reference to three jurisdictions in particular—France, Georgia, and Turkey—whose constitutions and attendant constitutional practices have expressly rejected the doctrine in a way that reflects what we describe as their shared formalist resistance to unconstitutional constitutional amendments. We seek first to demonstrate that the doctrine of unconstitutional constitutional amendment has not yet matured into a global norm of constitutionalism. We seek also to explain how a jurisdiction that expressly rejects the idea of an unconstitutional constitutional amendment operates in the face of an amendment that would otherwise be invalidated as unconstitutional in a jurisdiction that has adopted the doctrine. We finally seek to evaluate what is gained and lost in a constitutional state by rejecting the doctrine. We find that there are both democracy-enhancing and democracy-weakening consequences that follow from the choice to reject the doctrine outright. Our larger purpose—to diversify our thinking about what risks becoming seen as a necessary feature of constitutionalism but that design and practice show plainly is not—is inherent in the project itself. ; Numerosas cortes en todo el mundo han evaluado o ejercido la facultad para invalidar una reforma constitucional. Sin embargo, no debemos tomar la creciente prevalencia de la teoría de la reforma constitucional inconstitucional como evidencia de su conveniencia para todos los Estados constitucionales. Es imperativo que los actores constitucionales comprendan que ...