Global Constitutional Norms and The Limits of Amendment Power: Rethinking Judicial Strategies in Comparative Perspective

Abstract

The intersection of transnational constitutional norms and national amendment procedures presents a pressing challenge in constitutional democracies. While democratic amendment powers are embedded within the framework of constitutional governance, they are increasingly co-opted for purposes antithetical to constitutionalism. This article explores the tension between constitutional change and democratic erosion through the lens of the doctrine of unconstitutional constitutional amendments. Drawing on comparative jurisprudence, particularly from India and Colombia, the article proposes a restrained, context-sensitive judicial approach grounded in transnational constitutional values. This framework avoids the extremes of judicial overreach and democratic abdication, offering a calibrated model that preserves constitutional identity while respecting democratic legitimacy.