Unconstitutional mutations and the backlash effect
DOI:
https://doi.org/10.12957/publicum.2018.30854Keywords:
Constitutional mutation, Backlash effect, Judicial interpretation.Abstract
Besides the formally foreseen changes, the constitutions can assume new meanings, without there being a formal alteration of the text. This is the phenomenon of constitutional mutation. Inevitable for the maintenance of constitutional order, mutations must be analyzed with caution because of two main issues: the existence of inconstitutional mutations and the backlash effect. The purpose of this article, therefore, is to discuss these two issues and their negative impacts on society. A bibliographic, descriptive, pure, quantitative and qualitative research was carried out. One does not pretend to exhaust the study or to seek answers to all the questions raised by the theme, but to stimulate the debate and lead the reader to reflect on how to stop the negative impacts that unbridled constitutional changes can generate for society.
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