Constituent vs Constituted Powers: Comparing the Origin of the Basic Structure Doctrine with the Colombian Substitution Doctrine
Siddharth Sijoria The invocation of the theory of Unconstitutional Constitutional Amendment (UCA) is an important mechanism of check on exercise of legislature’s power in Modern Constitutionalism. The theory distinguishes the Constituent power (creator) with the constituted power (created) and holds that the Legislature being a constituted power cannot substitute [...]