The Value of the Concept of Unconstitutional Constitutions

50 Cornell International Law Journal Online 39 (2017)

8 Pages Posted: 11 Oct 2017 Last revised: 18 Jan 2021

Date Written: October 4, 2017

Abstract

This paper comments Richard Albert's Theory of Unconstitutional Constitutions and argues that, under Albert's theory, the ideas of democratic legitimacy and constitutionality are codependent. Then, this article claims that the difference between the unconstitutional amendment and the unconstitutional constitution is one of a kind (and not one of degree), and explores the nature of the "whom question": who can declare that a constitution is unconstitutional?

Keywords: Constituent Power, Constitutional Theory, Unconstitutional Constitution, Unconstitutional Constitutional Amendment

Suggested Citation

Verdugo, Sergio, The Value of the Concept of Unconstitutional Constitutions (October 4, 2017). 50 Cornell International Law Journal Online 39 (2017), Available at SSRN: https://ssrn.com/abstract=3050000

Sergio Verdugo (Contact Author)

IE University - IE Law School ( email )

Madrid
Spain

HOME PAGE: http://https://www.ie.edu/law-school/

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