Constitutional Unamendability in the Nordic Countries

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Abstract

With the exception of the Constitution of Norway, the Constitutions of Denmark, Finland, Iceland and Sweden are silent on any substantive limits to the power of constitutional amendment. Until now, the topic of constitutional unamendability has also attracted very little attention in Nordic constitutional scholarship.
However, some idiosyncrasies making up the identity of the Nordic constitu‐ tions, as well as constitutional limits to Nordic participation in European integra‐ tion, may implicate the existence of some implicit limits to amendment powers. Similarly, international human rights obligations binding upon the Nordic coun‐ tries, as well as European Union law and European Economic Area law, may impose some external, supra-constitutional limitations on the powers of Nordic constitu‐ tional amenders. However, the existence of any implicit or supra-constitutional unamendability is speculative in the current state of evolution of Nordic constitu‐ tionalism. This is even more so since the use of constitutional amendment powers are beyond judicial review by the Nordic courts.
Original languageEnglish
JournalEuropean Journal of Law Reform
Volume2019
Issue number3
Pages (from-to)385-402
Number of pages18
ISSN1387-2370
DOIs
Publication statusPublished - 2019
MoE publication typeA1 Journal article-refereed

Fields of Science

  • 513 Law

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