The “Basic Structure” of the Constitution as an Enforceable Yardstick in Comparative Constitutional Adjudication

Abstract

This article deals with the elaboration and use of the concept of a basic structure of the constitution in different jurisdiction, especially from Europe and Latin America. Through this comparative analysis, it aims to prove that the yardstick employed for constitutional adjudication on amendments has a specific scope and content, and that both scope and content are mainly decided by courts. After explaining the arguments courts have employed in order to justify their role, it focuses on the different denominations of the “basic structure” in the set of the selected case studies, finally concentrating on the role of constitutional and supreme courts.