The Guarantee of the Constitutional Amendment Restrictions with Reflection on the Doctrine of Implicit Limitations

Different legal systems have recognized various types of restrictions in the process of constitutional amendment and have tried to guarantee them. In this regard, some Constitutions have provided a specific institution for review of the constitutionality of constitutional amendments and some others have only referred to such restrictions without determining the responsible entity. The main issue of this research is to explain the mechanisms predicted to guarantee this constitutionality and in addition, in the case of non-determination of a specific institution or in the case the Constitution is basically free from limitations in terms of the subject, this article examines the possibility to review the constitutional amendments; The issue this article seeks to answer by using the comparative study and through an analytic approach.
It seems that even in the case of predicting no specific institution for review of the constitutionality of constitutional amendments or prediction of no limitation clauses in amending the Constitution, it is possible to review the proposed constitutional amendments based on the doctrine of implicit limitations and on this ground that the basic foundation and structure of a legal system shouldn’t change in this way.