The Emergence of Comparative Constitutional Amendment as a New Discipline: Towards a Paradigm Shift (Conclusion)
Forthcoming, The Foundations and Traditions of Constitutional Amendment (Edited by Richard Albert, Xenophon Contiades and Alkmene Fotiadou, Hart Publishing, 2017); ISBN: 978-1509908257
27 Pages Posted: 27 Jan 2017
Date Written: January 7, 2017
A paradigm shift has recently occurred in the study of constitutional change. A fundamental change in the basic concepts and the methodology through which constitutional amendment is approached is becoming conspicuous. A few years back, constitutional change was understood at the national level, mainly through the study of the amendment formula and the rigidity level it aimed to establish. The growth of comparative constitutional law, the focus placed on constitutional change encompassing both formal and informal change, the application of quantitative research methodologies, and the experimental attempts to enhance popular participation in formal constitutional amendment triggered by the financial crisis mark a move away from the traditional paradigm. The shift in the study of comparative constitutional amendment has the characteristics of a scientific revolution as described by Thomas Kuhn. Constitutions are understood through the way they change and constitutional change is understood through different perceptions of the Constitution.
Keywords: Comparative Constitutional Amendment, Constitutional Change, Constitutional Amendability
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