The doctrine of an unconstitutional constitutional amendment is considered a special, controversial topic of constitutional law theory. In recent years, several books have been written and published on this topic. The author points out that in the last twenty years he has not significantly changed his view of this doctrine and its constitutional applicability. The article outlines the development of this doctrine and the problem of rejecting any renaissance discussion of this doctrine in the domestic legal environment. He draws attention to the fact that the Slovenian Constitutional Court continues to reject this doctrine without quoting a single sentence on the reasons – argumentation. The article concludes with an indication of the cases in which, in the opinion of the author, this doctrine should be applied. He offers to discuss his theoretical conclusion on this doctrine in the Slovenian legal community and beyond, doing so in good faith and with the best intentions.
Unconstitutional Constitutional Amendment Doctrine, Constitutional Court, Council of Europe Member States, Foundational Constitutional Democracy, Constitution, the Power of Argument.
Publication: scientific journal PRAVNIK, No. 9-10/2020, Vol. 75 (137)