Taking the constitution away from the people? An essay on the legitimacy of judicial review of constitutional amendments

• Grant number: 17/09843-1
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Effective date (Start): September 01, 2017
• Effective date (End): August 31, 2018
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Luís Virgílio Afonso da Silva
• Grantee: Leonardo Nochang Heck
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

This research aims to analyze the legitimacy of judicial review of constitutional amendments in a democratic society. It is divided in three main parts: I) a study of judicial review in general; II) an inquiry into judicial review of constitutional amendments; and III) an analysis of Brazilian Supreme Court decisions on the constitutionality of constitutional amendments. (AU)