Gert Jan Geertjes and Jerfi Uzman present paper at workshop in Istanbul
Gert Jan Geertjes and Jerfi Uzman presented a paper at the Workshop on 'Unamendable Constitutional Provisions’, which was held on June 9, 2015 on the campus of Koç University in Istanbul. The workshop was hosted by the International Society of Public Law (ICON-S) in partnership with Koç Law School and Boston College Law School.
Many constitutions contain so-called unamendable provisions. Legal scholarship on unamendable constitutional provisions regularly tends to focus on, what one might call ‘judicially enforced constitutions’. These are characterized by strong-form judicial review on the basis of a written constitution. In their paper, Gert Jan and Jerfi argue that the doctrine of unconstitutional constitutional amendments is also relevant to countries with a politically enforced constitution, i.e. a constitution which is largely dependent on the enforcement of political actors instead of a (constitutional) court. Examples of countries with such a constitution include the United Kingdom and the Netherlands. However, in some cases, the supreme courts of these countries may ignore amendments of the constitution, being disobedient. Thus, some parts of politically enforced constitutions seem to be unamendable as well. Gert Jan and Jerfi argue that this kind of unamendability may take the shape of a constitutional convention. A first draft of the paper can be accessed here.