LIMITED POWER TO AMEND THE CONSTITUTION: A CRITICAL ANALYSIS IN LIGHT OF DEMOCRATIC LEGITIMACY

Abstract

This article analyzes the concept of Limits on the Power to Amend the Constitution in light of the concept of Democratic Legitimacy, proposing an alternative constitutional design from a realistic and critical perspective. The first concept is examined through a classification of each of the existing limits, as well as the general concept. The concept of democratic legitimacy is analyzed from the conceptual history
perspective on the development of the concept of legitimacy, concluding that legitimacy is guaranteed by the consensus of the people.

The article suggests viewing Constitutions as political texts negotiated among human beings and therefore subject to any criticism and change, rather than the analysis that mythicizes both the primary Constituent Power and the Constitution itself, which runs counter to
democratic legitimacy.