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What is Conflating Constituent and Amending Power about?

This document discusses the distinction between constituent power and the power to amend a constitution. It begins by providing context on debates around limitations on amending power in India and the need to distinguish this concept from constituent power. It then discusses the Schmittian account of sovereignty to understand the nature of constituent power as unfettered and distinct from governmental power to amend a constitution. The document aims to resolve the paradox of constituent power and constituti

Author

Abhish

Language

EN