Aspectos políticos e históricos do constitucionalismo
Demetrio Alexandre, André
Dalpupo de Lara, Gustavo
Cattoni de Oliveira, Marcelo Andrade
Karam de Chueiri, Vera
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From a dualist political perspective the normative hierarchy of constitutional norms are ensured by means of procedural limits on constitutional reforms, which represent a division between constitutional and ordinary law. However, this is not the only sort of restraint that constitutional systems place upon amending power, substantive limits are part of many constitutions around the world. The effectiveness of both procedural and substantive clauses depends on how the violating acts will be controlled. Should democratic concerns be already present in judicial review of ordinary law, they are weightened when the subject of review is a constitutional amendment. The main reason lies in the greatest democratic demands of constitutional amendments in comparison to ordinary law. Constitutional amendments are in between constituent and constituted powers. The debate on judicial review of substantive limits to constitutional amendments faces one more democratic challenge, that is, the implicit substantive restrains on the amending power. In this approach, constitutional courts define some rights or structures as unamendable even though they are not expressly set in the constitutional text. Considering that both Brazil and Colombia have a practice in judicial review of constitutional amendments, we focus on how the Supremo Tribunal Federal and the Corte Constitutional de Colombia explain their competence and the role of implicit substantive limits to derived constituent power. In doing so we demonstrate at what extent Brazil and Colombia judicial powers are related to popular sovereignty.
Link to resourcehttps://www.academia.edu/38852035/UNCONSTITUTIONAL_CONSTITUTIONAL_AMENDMENTS_A_COMPARATIVE_ANALYSIS_BETWEEN_BRAZIL_AND_COLOMBIA
- Año 2019 
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