Balancing Unconstitutional Constitutional Amendments

The rise of populism and its consequences – such as democratic backsliding, the erosion of constitutional principles, and the weakening of the rule of law – are among the most pressing issues facing comparative constitutional scholars today. To address these emerging challenges, the Unconstitutional Constitutional Amendment Doctrine (UCAD) has emerged as the most promising remedy for the “third counterwave of de-mocracy”. However, a fundamental problem with UCAD is how to apply it effectively without undermining constitutional democracy, as it is often criticised and deemed illegitimate from the perspective of democratic principles.