Khushi Chauhan (Mahatma Jyotiba Phule Rohilkhand University) has posted The Legitimacy of Unconstitutional Constitutional Amendments: Can a Constitution Invalidate Itself? on SSRN. Here is the abstract:
This paper examines the paradox of unconstitutional constitutional amendments through doctrinal, comparative, and jurisprudential analysis. It explores constitutional identity, judicial interpretations, and democratic legitimacy, revealing how courts navigate implicit limitations and constituent power. By analyzing global jurisprudence, this study offers a novel perspective on constitutional self-destruction, advancing the discourse on legal self-negation, constitutional endurance, and the boundaries of amendment power in democratic governance.
