A Fossilised Constitution?

Ratio Juris, Vol. 17, No. 4, pp. 454-473, 2004

22 Pages Posted: 7 Nov 2010

Date Written: 2004

Abstract

The purpose of this paper is to analyse the limits of constitutional reform. Some constitutions, for example the German (art. 79, 3), the Italian (art. 139), the Portuguese (art. 288), the French (art. 89, 5), and the Brazilian (art. 60, § 4), contain an "essential core" of rights, which is usually understood as being immune to change. The initial focus in the paper is on the discussion on whether and to what extent these "essential cores" are indeed immune to change. A second focus is on Ross's paradox. Here I analyse and reject Ross's own solution to the paradox and I show, too, that the paradox admits no solution that does not imply a discontinuity in the legal system.

Keywords: Constituent Power, Amending Power, Constitutional Law

Suggested Citation

da Silva, Virgilio Afonso, A Fossilised Constitution? (2004). Ratio Juris, Vol. 17, No. 4, pp. 454-473, 2004, Available at SSRN: https://ssrn.com/abstract=1703843

Virgilio Afonso Da Silva (Contact Author)

University of São Paulo (USP) - Public Law ( email )

Largo Sao Francisco, 95
São Paulo, SP 05436-130
Brazil

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
210
Abstract Views
1,521
rank
162,070
PlumX Metrics