Da Berna a Budapest: appunti su revisioni costituzionali (totali e parziali) e tenuta dell’unità politica e di senso delle Costituzioni democratiche

From Berna to Budapest: Notes on (partial and total) constitutional amendments and the endurance of the political unity and unity of meaning of democratic constitutions

Abstract

The essay inquires into the issue of constitutional amendments, starting from two recent seminal works by Valeria Marcenò and Adriana Apostoli. The first
piece expounds the limits of total amendments by analysing two (quite different) case studies: Hungary and Switzerland. It posits that such a limit should be found in the endurance of the political unity. Once political unity is disrupted, as it is the case in Hungary, the issue arises as to whether this also entails a loss of the democratic nature of a legal system. The second piece specifically addresses this issue.