Implied Limitation on the Power of Amendment | Siddharth Sijoria
In the article titled "Implied Limitation on the Power of Amendment: A Comparative Study of its Invocation in India, Colombia and Benin", published in Volume VI Issue I of the Comparative Constitutional Law and Administrative Law Journal, Siddharth Sijoria undertakes a comparative study of the evolution of the doctrine of implied limitation on constitutional amendment power in the jurisdictions of India, Colombia and Benin. Through the course of the article, the author highlights the constitutional basis for the doctrine and counters the criticism that deems the invocation of the doctrine a facet of judicial overreach. The author argues that the doctrine acts as a check on the misuse of power and is an essential tool to tackle instances of abusive constitutionalism and shield democracies against autocratic tendencies that may otherwise be displayed by powerful incumbents.
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