SEVERAL THEORETICAL ASPECTS ON CONSTITUTIONAL DYNAMICS ADOPTION AND AMENDMENT OF A CONSTITUTION

Abstract

The paper "Several Theoretical Aspects on Constitutional Dynamics - adoption and amendment
of a constitution" analyzes one very important issue of constitutional law- constitutional
dynamics.The paper analyzes several theoretical aspects of two significant phenomena that
represent materia constitutionis. These two phenomena reveal many dilemmas and issues to
which constitutional law pays due attention, especially the latter one, because the stability of the
constitution as a construction depends on the constitutional dynamics, and therefore the stability
of the established system as a whole.The paper analyzes the issues related to the procedure for
adopting the constitution - the first constitution in a country and a new constitution in an existing
state. The paper provides an overview of the basic ways of adopting the constitution supported
by examples from constitutional history.The paper also elaborates on the issue of constitutional
revision. Special attention is given to the matter of meaning and conditionality of constitutional
revision, the factual and formal change of the constitution. Finally, the paper provides a
comparative overview of constitutional solutions about the prohibitions against constitutional
revision, their meaning and significance.