Constitutions and constitutional law in Richard Albert’s book
DOI:
https://doi.org/10.57660/dpceonline.2022.1657Keywords:
Constitution; constitutional law; amendment’s procedures; EU; Member States.Abstract
The aim of this paper is to offer some theoretical thoughts about the most important form of alteration of the Constitutions: the constitutional procedural amendments rules. In commenting on the considerations of Richard Albert in his recent book, this paper focuses on the importance of the definitions and of their legal effects on the constitutional theory. Thus, giving emphasis to the Albert’s theory, the paper highlights the limits of those theories based on the “quantification” of the constitutional amendments. All of this is instrumental for developing some observations on the effects produced by the ongoing interaction between the EU and the constitutional changes concerning the balanced budget reform: how should be classified these amendments from the Member State's perspective? Do they constitute a case of a dismemberment of their Constitutions?
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