Index

NB—Page numbers in bold relate to information in tables and graphs

abolition of slavery, here, here

constraint on amendment powers, here, here, here, here

sunrise clauses, here, here

abusive constitutionalism, here, herehere, here, herehere

Africa, here, herehere

Venezuela, herehere

Ackerman, Bruce, here

Art. V US Constitution, here

constitutional moments, here, herehere, here

Secession Reference (Quebec) compared, herehere

decision-making in a polity, here, herehere

revolutionary reform, here, here, here

unconventional adaptation, here, here, here, here, here

Africa, herehere, herehere

abusive constitutionalism, here, herehere

alteration, predominance of, herehere

constitutional lifespans, herehere

instability, here, herehere

irrelevance of constitutions, herehere

frequently-amended constitutions, here, herehere

‘normal’ politics, failure of, here

political and constitutional regimes:

relationship between, herehere

political elites, here

abuse of power, herehere, herehere

rights, here

term limits, here

alteration, here

Canadian Constitution:

enhancements and structural alterations, herehere

predominance in Africa, herehere

amendability:

basic feature of constitutions, as, here

formal amendment rules, herehere

culture, herehere

predictability, here

relevancy, here

variety, herehere

inevitability of change, here

see also unamendability

amendment rates, see frequency of amendment

amendment rules, herehere

Australia, herehere

limitations, herehere

‘reasonably democratic’, here

‘reasonably practicable’, here

s.128 of the Constitution, herehere

Canada, here, herehere, herehere

Caribbean, here

constitutional design, herehere

constitutional endurance, herehere

rationale for inclusion in constitutions, herehere

referenda requirements, herehere

special legislative majorities, herehere

constitutional rules distinguished, herehere

formal importance, here

functional importance, here

other constitutional rules compared, herehere

temporally-bound amendment rules, here

see also constitutional design; formal amendment rules

amendment thresholds:

Australia:

‘reasonably democratic’, here

‘reasonably practicable’, here

South Africa, here

USA, herehere

Arendt, Hannah, here, here

constituent power, herehere

empowerment of the people, here, here

freedom of the people, herehere

renewal and reform compared, herehere

revolutionary reform, here, here, herehere, here, herehere, here, here

revolutionary renewal, herehere

rule of law, herehere

Schmitt compared, herehere, herehere, here, here, here

unconventional adaptation, here, herehere, here

Australian Constitution:

amendment procedure:

failure of s.128, herehere

limitations, herehere

‘reasonably democratic’, here

‘reasonably practicable’, here

s.128, here

amendment thresholds:

‘reasonably democratic’, here

‘reasonably practicable’, here

constitutional texts, here, herehere

formal amendment rules, herehere, herehere, herehere

formalism, herehere

judicial interpretation, herehere

limitations of amendment procedure:

Constitutional limitations, here

judicial constitutional interpretation, herehere

popular sovereignty, here, herehere

referenda, herehere

s.128 of the Constitution, herehere

failure of, herehere

ordinary politics, herehere

popular sovereignty, herehere

authority:

constituent power, herehere, here, herehere

autopoietic amendment, see self-amendment

bad constitutions, here, herehere, herehere, herehere, here

see also constitutional quality; good constitutions

Bahamas, see Caribbean

basic structure doctrine, herehere

constraints on amendment powers, herehere, here, here, here, herehere

best practice, see good constitutions

bills of rights:

Australia, here, here

counter-majoritarian values, here

Jamaica, here

South Africa, here

Trinidad, here

Brexit referendum, herehere, herehere

Canadian Constitution:

constitutional texts, here, here

legislative and judicial conflict, here

constraints on amendment powers, herehere

enhancements and structural alterations to the Constitution, herehere

formal amendment rules, here, herehere, herehere

hard amendment cases, herehere

legislated bilingualism, herehere

Part V amendment procedures, herehere

general procedure, here

special arrangement procedure, here

unilateral amending powers, herehere

qualitative assessment of reform proposals, here

independence of Senate, herehere

Supreme Court reform, herehere

Secession Reference (Quebec), here

Supreme Court reform, herehere

legislated bilingualism, herehere

Part V provisions, here, herehere

Caribbean, herehere

constitution-making, herehere

cultural considerations, herehere

historical considerations, herehere

institutional structure and the amendment process, herehere

political tribalism and adversarialism, herehere

formal amendment rules, here

constitutional design, herehere

constitutional endurance, herehere

rationale for inclusion in constitutions, herehere

referenda requirements, herehere

special legislative majorities, herehere

post-independence constitutional reform, here

referenda requirements, herehere

Bahamas, herehere

Guyana, herehere

Nevis, herehere

post-independence constitutional reform, herehere

St Vincent and the Grenadines, herehere

special legislative majorities, herehere, here

centralisation of power, herehere, here

see also abusive constitutionalism

Chavez, Hugo, see Venezuela

checks and balances:

entrenchment of formal amendment rules, herehere

judicial review of amendments, herehere

weakening of, here

Children’s Rights Amendment (Ireland), here, herehere, herehere, herehere

referendum campaign, herehere

civil law systems, here

conceptual justification, here

resolutory clauses, here

see also French Constitution; German Constitution; Greek Constitution; Venezuelan Constitution

codified constitutions, herehere

see also individual countries

cognitive estrangement, here

abandoning people’s personhood, herehere, herehere

anthropomorphising the constitution, here

estrangement prevention, herehere

Dworkin, herehere

Holmes, herehere

Pettit, herehere

personifying constitutional order, here

revolution/amendment binary, herehere

sovereign peoplehood, here, herehere

Colón-Riós, Joel, here, herehere

common law, here

condition-subsequent clauses, here

see also Australian Constitution; Canadian Constitution; Indian Constitution; Ireland; United Kingdom; US Constitution

comparative constitutional amendment, herehere

defined, here

schools of thought, herehere

study of, herehere

condition precedent, see sunrise clauses

conscious constitutional design, see constitutional design

condition-subsequent clauses, here

consensus, herehere

majoritarian electoral systems, herehere

referenda, here

consent, herehere, here, here, here

Canada, herehere

referenda, here

sovereign people, here

tacit consent, here

consequences of constitutional amendment:

frequently-amended constitutions, here, herehere

infrequently-amended constitutions, here

instability, here, herehere

constituted power:

constituent power distinguished, herehere

unamendability, here

constituent assemblies, here, here, here, herehere, here

France, herehere

Guyana, here

Russian, here

Sieyès, here, herehere, herehere

special constituent assemblies, herehere, herehere, here

Venezuela, here, herehere, herehere, here, herehere

electoral rules, herehere, here

first-past-the-post system, herehere, here

National Constituent Assembly, here, herehere

constituent power theory:

constituted power distinguished, herehere

constitutionalisation of constituent power, herehere

Costa Rica, here

Sieyes, herehere

constituent and constituted powers, here, here, herehere

basic structure doctrine, here

Colombia, herehere

conceptually unconstitutional constitutional amendments, herehere

India, here

Sieyès, herehere

constituting the constituent power, herehere

limiting the constituent power, herehere

Tiers Etat, herehere

legitimacy, herehere

popular sovereignty, herehere

will of the people, herehere

new conceptualisations, herehere

origins, herehere

‘the people’, herehere

will of the people, herehere

popular sovereignty and: herehere

power and authority, here, herehere

unamendability:

constituted power, here

primary constituent power, herehere

secondary constituent power, here

unconstitutional constitutional amendments, here

constitutional amendment powers, see primary constituent power; secondary constituent power; spectrum theory

constitutional brevity, herehere, here, herehere

constitutional conventions, here

proposing constitutional amendments, here, herehere

constitutional design:

conscious constitutional design, herehere

constitutional endurance, herehere

constraints on amendment powers, here

criteria, herehere, here, here

good constitutions:

Jeffersonian tradition, here

Marshallian tradition, herehere

see also formal amendment rules; good constitutions; unamendability

constitutional endurance, see stability

constitutional flexibility, here, here, herehere

amendability, herehere, here

constitutional endurance, herehere

sunrise clauses, here

see also constitutional rigidity

constitutional legitimacy, here, herehere, herehere, herehere

amendment thresholds, herehere

foundational constraints on amendment powers, here

popular sovereignty, herehere

popularly-legitimated constitutional amendment, here

Philadelphia Convention, here

referenda, use of, herehere

USA, herehere

will of the people, herehere

see also constitutional quality; good constitutions

constitutional quality, here, here

constitutional longevity, here

evaluation, herehere

frequency of amendment, herehere, herehere

see also good constitutions

constitutional rigidity, here, here, here, here, herehere, here, herehere

amendability, herehere

amendment rate, here

majoritarian electoral systems, here

selective rigidity mechanism, here

word length, herehere, herehere, here

constitutional supremacy, here, here, herehere

constitutional texts:

importance of:

Australia, here, herehere

Canada, here

see also length of constitutions

constitutionalism, herehere, here, here, here, here

abusive constitutionalism, herehere, here, herehere

Australia:

formal amendment procedure, herehere, herehere, here

popular sovereignty, here, herehere

s.128, here, herehere

authoritarian constitutionalism, here

aspirational constitutionalism:

sunrise clauses, herehere

Canada, herehere, here

contingency constitutionalism, here

constituent and constituted power, here, here, here

democracy, herehere, here, herehere

foundational constitutionalism, herehere, herehere, here

liberal constitutionalism, here, here

authoritarian constitutionalism distinguished, here

moral constitutionalism, herehere

new conceptualisations, here

political distrust, here, here

revolution/amendment binary, herehere, here

rule of law, here

sovereignty of the people, herehere

USA:

state constitutionalism, here, here, herehere

value of constitutionalism, here

moral value of constitutionalism, herehere, herehere

Venezuela, here, here, herehere

abusive constitutionalism, herehere, here

weak constitutionalism, here, here, herehere, here

see also Sieyès, Emmanuel Joseph, constituent power theory; constituted power

constitutions:

contractual nature, herehere, here

protection of fundamental rights, here

purpose of, here

counter-majoritarian purpose, here

foundational purpose, here

majoritarian purpose, here

protection of fundamental rights, here

see also under individual headings

constraints on amendment powers, here, here, herehere, here, here

abolition of slavery, here, here, here, here

Australia:

Constitutional limitations, here

judicial constitutional interpretation, herehere

concept of constraint, here

conceptually unconstitutional constitutional amendments, herehere

content constraints, here

counter-majoritarian content-constraint, here

foundational content constraint, here

majoritarian content constraint, here

counter-majoritarian constraints, herehere, herehere

court-constraint on amendment powers, here

basic structure doctrine, here

democracy, herehere

distribution of power and justiciability, herehere

explicit unamendability, herehere, here, herehere, here, here, here, here

foundational constraints, here, here

legitimacy, here

Germany, here, herehere

Honduras, here, here, here, here

human dignity, herehere

Iceland, here

implicit unamendability, herehere, here, herehere

India, here, here, here, here

Ireland, here

judicial constraints, here, here

Australia, herehere

justification for, herehere, herehere

contextual factors, herehere

counter-majoritarian constraints, herehere

fairness, here

foundational constraints, here

levels of justification, herehere, here

majoritarian constraints, herehere

legislator-created constraints, herehere

majoritarian constraints:

basic structure doctrine, here

content constraint, here, here

deliberation requirements, here

double approval requirements, here

justification, herehere

process constraints, herehere, here

morally unconstitutional constitutional amendments, herehere

obligations:

constitutional obligations, herehere

moral obligations, here

process and content constraints combined, herehere

Canada, herehere

USA, here

process constraints:

counter-majoritarian process constraint, here

dual-approved provisions, here

foundational process constraint, here

majoritarian process constraint, herehere

temporal limitations, here

rule constraints, here

content constraints, here

process constraints, here

standard constraints, here

content constraints, here

process constraints, here

types of constraint, herehere, here, here

content constraints, here

counter-majoritarian process constraint, herehere

court-created, herehere

foundational process constraint, herehere

legislator-created, herehere

majoritarian process constraint, herehere

process and content constraints combined, herehere

process constraints, here

rule constraints, here

standard constraints, here

unamendable provisions:

amendment of, herehere

counter-majoritarian values, herehere

democracy, herehere

federalism, here, here

human dignity, herehere

secularism, here, here

unconstitutional constitutional amendments doctrine, herehere

conceptual approach, here, here, herehere

moral approach, here, herehere

positive approach, herehere

USA, here, here, here, here

values served by constraints:

counter-majoritarian, here

foundational, here

majoritarian, herehere

see also distribution of power; obligations; unconstitutional constitutional amendments

contingency law, see sunrise clauses

continuity, here, here, here, here, here, here, here, here, here

breach, herehere

unconventional adaptation, here

corruption, here, here, here, herehere, here

abusive constitutionalism, here, here, herehere, herehere

frequency of amendment, herehere, herehere, here

coups d’état, herehere

courts, see judicial interpretation; judicial review of amendments

custom, herehere, here

decentralisation, here, here

demanding amendment powers, here, here, herehere, herehere

spectrum theory, here, herehere

see also primary amendment powers

democracy:

unamendability, here, herehere, herehere

Derrida, Jacques, herehere, herehere

direct democracy, here, here

estrangement prevention, herehere

Rousseau, herehere, herehere

US Constitution, here, here

constitutional referenda, herehere

initiative petitioning, herehere

simple majority for popular votes, herehere

see also US Constitution

distribution of power:

court constraints, here

majoritarian content constraints, here

majoritarian process constraints, here

different generations, here

justiciability, here

standard constraints, here

legislator constraints:

content-constraints, here

process-constraints, here

rule-constraints, here

standard constraints, here

majoritarian content constraints, here

majoritarian process constraints:

deliberation requirements, here

double approval requirements, here

rule-constraints:

non-justiciable, herehere

standard constraints:

justiciable, here

non-justiciable, here

Dworkin, Ronald, herehere

estrangement prevention, herehere

good constitutions:

moral reading, here, here

law as integrity, herehere

personification of groups, here

political community, herehere

economics:

constitutional length and its impact, herehere

electoral rules, see voting rules

emergencies, here, here, here, here, here, here, herehere

eternity clauses, here, here, herehere

explicit unamendability, herehere, here, herehere, here, here, here, here

federalism, here, here, here, here, herehere

Art. V US Constitution, herehere

constitutional referenda, herehere

initiative petitioning, herehere

unamendability, here, here, here

see also direct democracy

first-past-the-post system (Venezuela), here, here, here, here

exclusion and mandate, herehere

flexibility, herehere, here, here, herehere, herehere, here, here, here

see also constitutional rigidity

formal amendment rules, herehere

conscious constitutional design, herehere

functionality, herehere

memory of the constituent moment, here

multifunctional nature, here

relevancy, here

variety, herehere

formal methods of amendment, here

Australia, herehere, herehere, herehere

Canada, here, herehere, herehere

development of multiple tracks for, here

see also under individual countries; formal amendment rules

formalism:

Australia, herehere, herehere, herehere

see also popular constitutionalism

forms of constitutional amendment, see formal methods of amendment; informal methods of amendment

foundational provisions, here

French Constitution:

amendment procedure, herehere

will of the people, herehere

Art. 11 of the Constitution, herehere

citizenship, here, herehere

Constitution, here, herehere, here

analysis from a legal perspective, herehere

Art. 11, herehere

citizenship, here

representative government, here

constitutional continuity, herehere

jury constitutionnaire, here, here, here, herehere

legitimacy of constituent power:

USA compared, herehere

legal analysis of the Constitution, herehere

legal revolution (1962), herehere

National Assembly and Constituent Assembly, herehere

‘the people’:

absolute will, herehere

amendment procedure, herehere

constitutent power, here

legal people, here, herehere

social/political people, here, herehere

sovereign nature, herehere

primary constituent power, herehere

referenda, here, herehere

representative government, herehere, herehere

Tiers Etat, herehere

separation of powers, here, here, here

Sieyes, herehere

sovereign constitution, herehere

sovereign people, herehere, herehere

Tiers Etat, herehere, here, herehere

constituting the constituent power, herehere

limiting the constituent power, herehere

will of the people, herehere

see also Sieyes, Emmanuel Joseph

frequency of amendment, here

corruption, herehere, herehere, here

economics, herehere

frequently-amended constitutions:

impact on constitutional quality, herehere, herehere

instability, here, herehere

stability, here, here, here, herehere

infrequently-amended constitutions, here

German Constitution:

constitutionalisation, here

human dignity, here, here, here, here, here

initiation of constitutional amendment, here

length of constitution, herehere

primary constituent power:

Basic Law 1949, herehere

protection of social rights, herehere

unamendability, here

will of the people, herehere

good constitutions, here, herehere

constitutional design:

Jeffersonian tradition, here

Marshallian tradition, herehere

see also length of constitutions

Greek Constitution:

economic crisis, here

initiation of constitutional amendment, here

length of constitution and GDP, here, herehere

referenda, herehere

temporal restrictions on constitutional amendment, here

Grenadines, see Caribbean

Guyana, see Caribbean

Holmes, Stephen, here

estrangement prevention, herehere

‘the people’ as a person, here

personification of ‘the people’, here, here

human dignity:

constraints on amendment powers, herehere

German Basic Law, here, here, here, here, herehere

unamendability, herehere

human rights, here, here, herehere

implicit unamendability, herehere, here, herehere

independence of the judiciary, herehere, here, here

Indian Constitution:

basic structure doctrine, here, here, here, here, here, here, here

constraints on amendment powers:

court constraint on amendment powers, here, here, here, here, here

majoritarian content-constraint, here, here, here

process-constraints, here

right to education, here

sunrise clauses, here, here

informal methods of amendment, herehere, here, herehere

initiation of constitutional amendment, see power to initiate constitutional amendment

interpretation, see judicial interpretation

Ireland:

Children’s Rights referendum, here, herehere, herehere

foundational constraints on amendment powers, here

Irish Constitution:

powers of amendment, herehere, here

Riordan v An Taoiseach, herehere

sunrise clauses, herehere

natural law and amendment powers, here

primary constituent power, here

referenda, here, herehere

Children’s Rights referendum, here, herehere, herehere

Riordan v An Taoiseach, herehere

sunrise clauses, herehere

judicial independence, herehere, here, here

judicial interpretation, here, here

Australia, herehere, herehere, herehere

Canada, here

constraints on amendment powers, here, here, here

judicial review of amendments, herehere, here, here, herehere

facile amendment powers, here

demanding amendment powers, herehere

legal norms, here, here, here, here, here, here, herehere

legislative power, see constituted power

legitimacy, see constitutional legitimacy

length of constitutions, herehere, herehere

constitutional change, herehere

corruption, herehere, herehere, here

economic effect, herehere, herehere

Austria, herehere

Germany, herehere

Greece, here, herehere

Portugal, herehere

USA, here

poverty, here, here

see also constitutional brevity; constitutional design

limitation clauses, here

limitations to study of constitutional change, herehere

limitations to power of amendment, see constraints on amendment powers

Lindahl, Hans:

revolution/amendment binary:

existential exceptions, herehere, here

Locke, John:

peoplehood, here, herehere, here

long constitutions, see length of constitutions

majoritarianism:

basic structure doctrine, here

consensus, herehere

content constraint, here, here

deliberation requirements, here

double approval requirements, here

justifications for constraint, herehere

process constraints, herehere, here

monarchies:

Sieyes, here, here

motivations for constitutional change, here, here, herehere

correcting flaws or errors, here, here

unamendability, herehere

updating in the light of societal changes, here

see also consequences of constitutional amendment

national assemblies:

France, herehere, here, here, herehere, herehere, here, here

Guyana, herehere

St Vincent and the Grenadines, here

South Africa, here

national borders:

unamendability, here

national flags:

unamendability, here

natural law:

Ireland, here

Nevis, see Caribbean

obligations, here, here, here

Canadian Constitution, here, herehere

constitutional obligations, herehere

fraternal obligations, here, herehere

judiciary, here, here, herehere

moral obligations, here

political actors, here

ordinary legislation, here, herehere, here, here, herehere, here, herehere

participatory amendment, here

see also popular sovereignty

‘the people’, here

constituent power, herehere

constituting ‘the people’, herehere, herehere

Australian amendment procedure, herehere

s.128 of Australian Constitution, herehere

France:

absolute will, herehere

amendment procedure, herehere

constitutent power, here

legal people, here, herehere

social/political people, here, herehere

sovereign nature, herehere

Holmes:

‘the people’ as a person, here

personification of ‘the people’, here, here

legitimating principle, herehere

limited nature, herehere

will of the people, herehere, herehere

peoplehood, here

cognitive estrangement:

abandoning people’s personhood, herehere, herehere

anthropomorphising the constitution, here

estrangement prevention, herehere, herehere

personifying constitutional order, here

revolution/amendment binary, herehere

sovereign peoplehood, here, herehere

estrangement prevention, herehere

collective peoplehood, herehere

law as integrity, herehere

‘the people’ as a person, herehere

Lockean concept, herehere

new conception, herehere

political engagement, herehere

Sieyèsian concept, herehere, here

Pettit, Philip:

collective peoplehood, herehere

estrangement prevention, herehere

Philadelphia Convention, see US Constitution

pluralism, here, here, herehere, here, here, here, herehere, herehere, here

unamendability, here

polities:

decision-making, herehere

decisions made by government, herehere

decisions made by the people, here

popular constitutionalism, herehere, herehere

see also Arendt, Hannah; Schmitt, Carl

popular ratification, here, here, here, here, here

see also referenda

popular sovereignty:

Australia, here

formalism, herehere

conceptually unconstitutional constitutional amendments, herehere

constituent power:

Art. V US Constitution, here

primary constituent power, here, herehere, herehere

relationship between, herehere

unamendability, herehere

Venezuela, herehere

unconventional adaptation, herehere

power to initiate constitutional amendment:

Belgium, here

Canada, here

Cape Verde Constitution, here

Cape Verde, here

Costa Rica, here

Estonia, here

Germany, here

Greece, here

multiple actors, here

single actors, here

South Korea, here

Spain, here

temporal restrictions, here

primary constituent power, here, here

constitution-making role, here

constitutional conventions, here

constitutionalisation, herehere

France, here

Germany, herehere

Ireland, herehere

popular sovereignty, here, herehere

Art. V US Constitution, here

referenda, here, herehere, here, herehere

concerns regarding, here

regular legislative power, here

Switzerland, here

unamendability, here

procedure, herehere

development of spectrum theory:

normative rationale, herehere

practical rationale, herehere

direct democracy, here

inclusive and deliberative procedures, importance of, here

popular mechanisms, here

primary constituent power, here

procedural legitimacy, herehere

referenda, herehere

secondary constituent power, here

unamendability, herehere

see also direct democracy; referenda; unamendability

proportional representation:

inclusion and legitimacy, herehere

proportionality, here

purpose of amendment, here, herehere, herehere

referenda, here, here

amendment procedure, herehere

Australia, herehere

Brexit referendum, herehere, herehere

Caribbean, herehere

Bahamas, herehere

Guyana, herehere

Nevis, herehere

post-independence constitutional reform, herehere

St Vincent and the Grenadines, herehere

Colombian Peace Process referendum, here

concerns regarding referenda, here, herehere

France, here

Art. 11 of the Constitution, herehere

Ireland:

children’s rights amendment, here, herehere, herehere

legislative referenda:

constitutional referenda distinguished, herehere

political division, herehere

primary constituent power, herehere, here, herehere

Scottish independence referendum, here

USA:

constitutional referenda, herehere

replacement, here

conceptually unconstitutional constitutional amendments, herehere

amendment distinguished, here, here

representative government:

Sieyès, herehere, here, herehere, here

sovereignty compared, herehere, herehere

republicanism:

unamendability, here

resolutory clauses, here

revision, here

conceptually unconstitutional constitutional amendments:

amendment distinguished, herehere

revolution, here, here

Ackerman, here, here

Arendt, herehere, here

Schmitt compared, herehere, herehere, here

constituent power:

constitution-making, herehere

constitutionalism, herehere

freedom of the people, herehere

rule of law, herehere

renewal and reform compared, herehere

revolutionary reform:

Arendt, herehere, here, here

empowerment of the people, here

freedom of the people, herehere

revolutionary renewal, herehere

Schmitt, herehere, here, here

rule of law, herehere

Schmitt, here, herehere

Arendt compared, herehere, herehere, here

see also Venezuela

revolution/amendment binary, here, here

Ackerman:

constitutional moments, herehere

Colón-Riós, here

constitutional moments, herehere

Secession Reference (Quebec) compared, herehere

dissolution, herehere, here, here, herehere

Lindahl, herehere

mapping constitutional change, herehere

constitutional moments, herehere

existential exceptions, herehere

secessio plebis, herehere, here

Secession Reference (Quebec), herehere

strategies of rupture, herehere

weak constitutionalism, herehere

Secession Reference (Quebec):

constitutional moments compared, herehere

weak constitutionalism, here

rights and freedoms:

unamendability, here

rigidity, see constitutional rigidity

Riordan v An Taoiseach:

sunrise clauses, herehere

rule of law, here, herehere

St Kitts and Nevis, see Caribbean

St Lucia, see Caribbean

St Vincent and the Grenadines, see Caribbean

Schmitt, Carl, here, herehere, herehere

Arendt compared, herehere, herehere, here

constitution-making and constituent power, herehere

revolutionary reform, herehere, here, here, herehere

scope of amendment procedures, herehere

Scottish independence referendum, here

secessio plebis, herehere, here

secession, here, here, herehere, here

St Kits and Nevis, herehere, here

Secession Reference (Quebec), herehere, here, here

see also referenda

secondary constituent power, here, here, here, here, here, here, herehere

demanding nature, here

facile power, here

unamendability, here, here

secularism:

unamendability, here, here, here

self-amendment, here, herehere

self-determination, here, here, here, here, herehere

see also referenda; Riordan v An Taoiseach; secession

separation of powers, here

Sieyès, herehere, here, here, here

unamendability, here

short constitutions, see length of constitutions

Sieyès, Emmanuel Joseph:

citizenship, here, herehere

constituent and constituted powers, herehere, herehere, herehere, herehere

false positives and false negatives, herehere

the Constitution, here, herehere

citizenship, here

representative government, here

historical context, herehere

jury constitutionnaire, herehere

legitimacy of constituent power, herehere

peoplehood, herehere, here

representative government, herehere, herehere, herehere

Tiers Etat, herehere

separation of powers, herehere, here, here, here

sovereign constitution, herehere

sovereign people, herehere

Tiers Etat, herehere, here, herehere

constituting the constituent power, herehere

limiting the constituent power, herehere

slavery, abolition of, see abolition of slavery

social/welfare programmes, here, here

South Africa:

amendment thresholds, here

Bill of Rights, here

interim constitution, herehere

participatory process, here

procedures of formal amendment, here

sunrise clauses, herehere

sovereign peoplehood, see peoplehood

sovereignty, here

representative government compared, herehere

see also popular sovereignty

Spanish Constitution:

amendment procedures:

dissolution of parliament, here

fast-track procedures, here

referenda, here

initiating constitutional amendment, here

special legislative majorities, herehere

post-independence constitutional reform in the Caribbean, here

spectrum theory:

constitutional amendment powers, here, here, herehere

demanding amendment powers, herehere

facile amendment powers, herehere

development:

normative rationale, herehere

practical rationale, herehere

direct democracy, here

inadequacy of primary and secondary amendment powers, here

inclusive and deliberative procedures, importance of, here, here

judicial review of amendments, herehere

popular mechanisms, here

primary constituent power, here

procedural legitimacy, herehere

referenda, herehere

secondary constituent power, here

unamendability and amendment procedures, herehere

see also primary constituent power; secondary constituent power

stability, here

Africa, here, herehere

frequently-amended constitutions, here, herehere, herehere, herehere

stealth authoritarianism, see abusive constitutionalism

sunrise clauses, herehere, here, herehere

abolition of slavery, here, here

aspirational constitutionalism, herehere

automatic sunrise clauses, here, herehere

conditions, use of, here

South Africa, herehere

constitutionality of:

Ireland, herehere

contingent sunrise clauses, here, herehere, here

definition, herehere

purpose, herehere

Riordan v An Taoiseach, herehere

self-amendment, herehere

slavery, here

sunset clauses, herehere

sunset clauses:

termination of constitutions, herehere

supremacy, see constitutional supremacy

suspension clauses, here

taxonomies of constitutional change, herehere

temporary constitutions, here, herehere

sunset clauses, herehere

temporal restrictions on constitutional amendment, see sunrise clauses; sunset clauses

territoriality:

constraints on amendment powers:

foundational constraints, here

thresholds, see amendment thresholds

transparency, here

see also amendment rules

unamendability, herehere

constituted power, here

democracy, here, herehere

federalism, here, here, here

forms of, here, here

human dignity, herehere

judicial enforcement of unamendable foundational provisions, here

legislative and judicial conflict, here

national borders, here

national flags, here

motivations, herehere

pluralism, here

primary constituent power, herehere

popular sovereignty, herehere

secondary constituent power distinguished, herehere, here

spectrum theory, here

republicanism, here

rights and freedoms, here

secondary constituent power, here

primary constituent power distinguished, herehere, here

secularism, here, here, here

separation of powers, here

unconstitutional constitutional amendments:

basic structure doctrine:

Colombia, herehere

India, here

conceptually unconstitutional constitutional amendments, herehere, herehere

amendment distinguished from revision and replacement, here

constituent and constituted power, herehere

popular sovereignty, herehere

replacement, here, here

revision, herehere

constituent and constituted power, here

morally unconstitutional constitutional amendments, herehere, herehere

see also unamendability

unconventional adaptation, here, here, herehere

United Kingdom:

Brexit referendum, herehere, herehere

Scottish independence referendum, here

urgency, see emergencies

US Constitution:

abolition of slavery, here, here

amendment by constitutional commission, herehere

amendment by constitutional convention, herehere

amendment by popular initiative, herehere

amendment proposals by state legislature, herehere

general elections, herehere

special elections, herehere

size of majority, herehere

Article V, herehere

criticisms, herehere

exclusive reading, here

non-exclusive reading, herehere

paths to amendment, herehere

Articles of Confederation, herehere

automatic sunrise clauses, here

constitutional design, herehere

constraints on amendment powers, here

counter-majoritarian content-constraint, here

contingent sunrise clauses, here

direct democracy, here, here

constitutional referenda, herehere

initiative petitioning, herehere

simple majority for popular votes, herehere

entrenchment of formal amendment rules:

state constitutions and federal constitution compared, herehere

federal amendment procedure:

constitutional referenda, herehere

initiative petitioning, herehere

simple majority for popular votes, herehere

Jeffersonian constitutionalism, here

length of constitution, here

legitimacy of constituent power, herehere

Marshallian constitutionalism, herehere

Philadelphia Convention, herehere, here, here

scope of amendment procedures, herehere

state amendment procedures and pathways, herehere, herehere

constitutional commission, herehere

constitutional convention, herehere

proposals by state legislature, herehere

popular initiative, herehere

voting rules, here

Venezuelan Constitution, here

Chavez government, herehere

Supreme Court, conflict with, here, herehere, here, herehere

Constituent Assembly, herehere

constitutional amendment pre-Chavez, here

constitutionalism, here, herehere

electoral rules, here, herehere

executive dominance, herehere

first-past-the-post system, herehere

historical context, here

popular sovereignty, herehere

proportional representation, herehere

referendum, here

Supreme Court ruling, here, herehere

revolutionary reform, here, herehere, herehere

constitutional amendment, herehere

electoral rules, here, herehere

Venise Commission, here

voting rules:

USA, here

Venezuela, here, herehere

first-past-the-post system, herehere

proportional representation, herehere

welfare state doctrine, here

‘will of the people’, herehere, here, here, herehere, herehere, here, here, herehere

see also popular sovereignty