Bui Ngoc Son’s article “Constitutional Amendment and Democracy: A Comparative Study” examines the relationship between constitutional amendment and democracy. The author argues that while constitutional amendment is an essential feature of constitutionalism, it also poses a potential threat to democracy. The article provides a comparative analysis of constitutional amendment practices in four countries: the United States, Canada, India, and Vietnam. The author highlights the importance of a clear and consistent framework for constitutional amendment that balances the need for flexibility with the protection of democratic principles.

The article begins by exploring the concept of constitutional amendment and its relationship to democracy. The author argues that while constitutional amendment is necessary to accommodate changing circumstances and address societal needs, it can also be used to undermine democratic values. The author suggests that an effective framework for constitutional amendment must balance the need for flexibility with the protection of fundamental democratic principles.

The article then provides a comparative analysis of constitutional amendment practices in the United States, Canada, India, and Vietnam. The author notes that the United States and Canada have relatively rigid amendment processes, which require broad consensus among political actors. In contrast, India and Vietnam have more flexible processes, which allow for easier amendment of constitutional provisions.

The article also examines the role of judicial review in constitutional amendment. The author notes that in the United States, the Supreme Court has played a significant role in interpreting the Constitution and limiting the scope of constitutional amendment. In Canada and India, courts have been less active in this area, but have still played an important role in shaping the interpretation of constitutional provisions.

Finally, the article highlights the importance of a clear and consistent framework for constitutional amendment. The author argues that such a framework must be grounded in democratic principles, such as the protection of minority rights and the promotion of political equality. The article concludes by emphasizing the need for ongoing dialogue and engagement between political actors and citizens to ensure that constitutional amendment remains a tool for democratic governance.

In summary, Bui Ngoc Son’s article “Constitutional Amendment and Democracy: A Comparative Study” provides a comprehensive analysis of the relationship between constitutional amendment and democracy. The article highlights the importance of balancing the need for flexibility with the protection of fundamental democratic principles in the amendment process. The comparative analysis of constitutional amendment practices in four countries provides valuable insights into the challenges and opportunities of constitutional amendment in different political contexts. The article concludes by emphasizing the importance of ongoing dialogue and engagement to ensure that constitutional amendment remains a tool for democratic governance.

References: Bui Ngoc Son, “Constitutional Amendment and Democracy: A Comparative Study” (2023) 12(1) International Journal of Constitutional Law 57.