European Journal of Law Reform

Article

Constitutional Resilience and Unamendability

Amendment Powers as Mechanisms of Constitutional Resilience

Keywords constitutional change, constitutional resilience, unamendability, constitutional identity
Authors Xenophon Contiades en Alkmene Fotiadou
Author's information

344670 Xenophon Contiades
Xenophon Contiades is Professor of Public Law, Panteion University; Managing Director of the Centre for European Constitutional Law, Athens, Greece.

344673 Alkmene Fotiadou
Alkmene Fotiadou is Research Fellow, Centre for European Constitutional Law.
  • Abstract

      This article aims to explore the relationship between unamendability and constitutional resilience. Inspired by Roznai’s theory on the limits of amendment powers, this article seeks to examine how such limits may function as a mechanism of constitutional resilience exploring how unamendability may impact the resilience of a constitution, allowing it to withstand crises while retaining its core functions. The key question is whether entrenchment enhances resilience through its protective shield or, by contrast, fetters resilience by foreclosing adaptability – what does not bend often breaks. The complex relationship between unamendability and constitutional resilience unfolds in the context of different amendment patterns.

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