This monograph is an attempt to answer the following questions: Can constitutional courts review the constitutionality of constitutional amendments? If yes, to what extent? It is endeavored, in a comparative perspective, to answer these questions by examining the constitutions of several countries and the case law of the Austrian, German, Hungarian, Romanian, Slovenian and Turkish Constitutional Courts, French Constitutional Council, Indian, Irish, and the United States Supreme Courts.
Chapter 1: Do Constitutional Courts Have Competence to Review Constitutional Amendments?
I. If There Is a Constitutional Provision Concerning the Question of Competence
A. The Constitutions Empowering the Constitutional Courts to Review Constitutional Amendments
B. The Constitution Expressly Prohibiting the Review of the Constitutional Amendments
II. If There is No Constitutional Provision Concerning the Question of Competence
A. The Competence of Courts to Rule on Constitutional Amendments under the American Model of Judicial Review
B. The Competence of Constitutional Courts to Rule on Constitutional Amendments under the European Model of Judicial Review
C. Can Constitutional Amendments Be Deemed to Be Law and Consequently Be Reviewed by Constitutional Courts?
Chapter 2: Can Constitutional Courts Review the Formal and Procedural Regularity of Constitutional Amendments?
I. The United States Supreme Court
II. Austrian Constitutional Court
III. Turkish Constitutional Court
Chapter 3: Can Constitutional Courts Review the Substance of Constitutional Amendments?
I. If There Are Substantive Limits in the Constitution, the Judicial Review of the Substance of Constitutional Amendments is Possible
A. German Constitutional Court
B. Turkish Constitutional Court
II. If There Are No Substantive Limits in the Constitution, the Judicial Review of the Substance of Constitutional Amendments is not Possible
A. The Arguments in Favor of the Existence of Implicit Substantive Limits
B. Case-Law of Constitutional Courts Rejecting the Existence of Implicit Substantive Limits
C. Case-Law of Constitutional Courts Accepting the Existence of Implicit Substantive Limits
CITATION REPORTS FOR THIS BOOK
1. General Citation Report (Court decisions, books, articles and other materials that cite this book) (4 court Decisions and 138 articles, books, etc.) [HTML]
2. Citation Report via Web of Science (Total publications: 28; h-index: 5; Sum of Times Cited: 121) [PDF]
3. Citation Report via HeinOnline (39 Results) [PDF]
4. Citation Report via Google Scholar (Cited by 102 articles) [PDF][HTML]
My book Judicial Review of Constitutional Amendments: A Comparative Study is translated into Korean by Research Professor Jeong-In YUN and published by Publius Publishing in Seoul, 2020.
Click here to see the cover and preface.