A Methodological Critique on Constitutional Amendment Theory

Abstract

This paper is a methodological critique on constitutional amendment theory, aimed at producing an overal theory of constitutional amendment. The methodological critique is centered at the concept of constitutional rigidity, as well as the current atempts to quantify it as a variable capable of explaining constitutional amendment. It also produces an overall theory on constitutional amendment, centered on three main dimensions: 1) the interaction between constitutional legacies, as well as the incentives for current majorities to control future ones, through the constitutionalization of public policies; 2) the impact of federalismo on constitutional amendment; 3) the impact of judicial review on constitutional amendment.