Unconstitutional Constitutional Amendment Doctrine: On Why It Should Be Acceptable for Constitutional Courts in the Council of Europe Member States—and in Slovenia

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 emphasises that in the last twenty years he has not significantly changed his view of this doctrine and its constitutional applicability. The article outlines the develop- ment of this doctrine and the problem of rejecting any serious 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 with- out providing a single sentence on the reasons—argumentation. The article concludes with an indication of the cases in which, in the author’s opinion, this doctrine should be applied.

Keywords: unconstitutional constitutional amendment doctrine, constitutional court, Council of Europe Member States, foundational constitutional democracy, constitution.