Why There? Explanatory Theories and Institutional Features Behind Unconstitutional Constitutional Amendments in Asia

Abstract

This chapter reflects on the various chapters of the book. In so doing, it proposes numerous alternative and mutually reinforcing theories behind the adoption of the unconstitutional constitutional amendment doctrine in Asia: higher law background; correcting flaws in the democratic process; political and policy insurance and hegemonic preservation. It also reviews the recent debates in Israel, and suggests various institutional features that can explain why doctrines of implied limitations on constituent power, such as the Basic Structure Doctrine, were developed in specific jurisdictions: flexibility of the amendment procedure, party or executive dominance; the political and amendment culture, and the absence of effective supra-national institutions.