{"title":"超国家层面的宪法修正理论与困境:理查德·阿尔伯特视角下的欧盟宪法变迁","authors":"C. Fasone","doi":"10.5380/rinc.v7i3.74848","DOIUrl":null,"url":null,"abstract":"Richard Albert’s book offers a crucial systematization of constitutional amendments, their forms, procedures and scope. In doing so, it provides important insights on the theory and the practice of constitutional amendment design, the difficulty they face and the varieties of unamendability, amongst other things. This contribution seeks to apply Richard Albert’s analysis to the case of the European Union, where the existence of a fully-fledged Constitution has long been contested. It claims that this analytical framework can help to better understand the functioning of EU “constitutional amendments”, i.e. Treaty revisions, and their limits, in a context where they have remained substantially understudied.","PeriodicalId":43129,"journal":{"name":"Revista de Investigacoes Constitucionais-Journal of Constitutional Research","volume":null,"pages":null},"PeriodicalIF":0.3000,"publicationDate":"2020-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Constitutional amendments’ theory and troubles at supranational level: Constitutional change in the EU from the perspective of Richard Albert’s analysis\",\"authors\":\"C. Fasone\",\"doi\":\"10.5380/rinc.v7i3.74848\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Richard Albert’s book offers a crucial systematization of constitutional amendments, their forms, procedures and scope. In doing so, it provides important insights on the theory and the practice of constitutional amendment design, the difficulty they face and the varieties of unamendability, amongst other things. This contribution seeks to apply Richard Albert’s analysis to the case of the European Union, where the existence of a fully-fledged Constitution has long been contested. It claims that this analytical framework can help to better understand the functioning of EU “constitutional amendments”, i.e. Treaty revisions, and their limits, in a context where they have remained substantially understudied.\",\"PeriodicalId\":43129,\"journal\":{\"name\":\"Revista de Investigacoes Constitucionais-Journal of Constitutional Research\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.3000,\"publicationDate\":\"2020-11-17\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Revista de Investigacoes Constitucionais-Journal of Constitutional Research\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.5380/rinc.v7i3.74848\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Revista de Investigacoes Constitucionais-Journal of Constitutional Research","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.5380/rinc.v7i3.74848","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
Constitutional amendments’ theory and troubles at supranational level: Constitutional change in the EU from the perspective of Richard Albert’s analysis
Richard Albert’s book offers a crucial systematization of constitutional amendments, their forms, procedures and scope. In doing so, it provides important insights on the theory and the practice of constitutional amendment design, the difficulty they face and the varieties of unamendability, amongst other things. This contribution seeks to apply Richard Albert’s analysis to the case of the European Union, where the existence of a fully-fledged Constitution has long been contested. It claims that this analytical framework can help to better understand the functioning of EU “constitutional amendments”, i.e. Treaty revisions, and their limits, in a context where they have remained substantially understudied.
期刊介绍:
The journal’s editorial line follows the main research areas developed by the research group (NINC), with focus on the critic study of Constitutional Law and legal and political institutions, and their connections with democracy, state intervention, fundamental rights and theories of justice, with particular emphasis on issues inserted into the contact points with fields of Public Law intimately connected with Constitutional Law, such as Administrative Law, Electoral Law and Theory of the State.