‘Unconstitutional Informal Constitutional Changes’ by Constitutional Courts | Anujay Shrivastava
Anujay Shrivastava in Mapping ‘Unconstitutional Informal Constitutional Changes’ by Constitutional Courts—A Comparative Study undertakes a comparative study of India, Bangladesh, Honduras and the United States of America and illustrates the unconstitutional informal constitutional changes (“UICC”) by courts (constitutional courts) in these jurisdictions. UICC is an informal amendment of the constitution through executive action, legislative enactments, judicial interpretation and so on. Shrivastava has highlighted two significant and diametrically opposite results of UICC. On one hand, they might result in transformative constitutionalism which furthers egalitarian principles of the constitution. On the other hand, they may result in constitutional dismemberment i.e., unmake the constitution and thus be destructive for the constitution itself.
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