Supraconstitutional Principles as a Standard for Restricting Constituent Authority: An In-Depth Study within the Framework of Constitutional Law Jurisprudenc

Abstract

The concept of supra-constitutional principles represents a superior legal framework that transcends written constitutional provisions and aims to safeguard the fundamental values upon which the constitutional order is based. Internally, these principles embody the notion of constitutional supremacy and the hierarchical structure of legal norms, standing at the apex of the normative order and granting legitimacy to the constitution itself, while preventing any alteration of its essential foundations, even by the constituent power. Externally, they reflect the subordination of national constitutions to higher standards and values derived from international law or the general principles of humanity, including peremptory norms from which no derogation is permitted. Accordingly, these principles may serve as an objective criterion for limiting the actions of the constituent power, by prohibiting the enactment of provisions or amendments that undermine the essence of the state, its democratic character, or fundamental rights and freedoms. Nevertheless, such limitations remain the subject of doctrinal debate between those who regard them as a safeguard for the stability of the legal system and the protection of higher values, and those who view them as an infringement upon the principle of popular sovereignty.