This paper presents a methodological critique on constitutional amendment theory. It focuses on the limits of the current dependent variable of amendment rate, as well as the main independent variable of constitutional rigidity. Going beyond the methodological critique of the current available models, this paper presents the first steps into creating a Theory of Constitutional Amendment that takes into account the demand for constitutional amendment problem. In order to do so, this paper poses a demand theory of constitutional amendment in three different dimensions: 1) how current majorities aim to control future majorities through the constitution; 2) how national majorities control local majorities through the constitution (and vice versa); 3) how current majorities amend the constitution to respond to judiciary decisions. The paper finishes with case studies where disputes between the judiciary and government triggered new amendments, and some research notes.
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