Review of Constitutionality of Constitutional Amendments (an Imperfect Response to Imperfections

This paper, originally presented at the Round Table organized by the International Association of Constitutional Law in Ankara, is focused on constitutional arrangements developed to protect constitutions against disruptive constitutional amendments. These arrangements address procedures in which an amendment is adopted as well as the substance of constitutional amendments. As to the latter, some constitutions contain so-called eternal clauses, but - even in the absence of such clauses - there may be an implied prohibition of amendments encroaching upon the basic structure (identity) of the original constitution. This paper is focused on the question of remedies as the very concept of an unconstitutional amendment requires judicial review of constitutional amendments. Numerous constitutional and supreme courts have already been confronted with the problem. Although their answers are, by no means, uniform, there is a growing trend toward acceptation of substantive judicial review of constitutional amendments.