Intangibilité dans les Constitutions la théorie et pratique des articles intangibles

The original constituent power, during the creation of the state, may decide to protect the articles of the new constitution which organize the foundation of the new state against the derived constituent power. To prevent their change or cancellation by parliamentary majorities , the constituent power may declare these articles as intangible. Knowing that the intangibility can be used for social engineering it is required that articles be declared as intangible after a democratic process that is the only way for the incarnation of the " founding people " . So the role of intangibility is regime stability and protection of fondemantales principles of the state. But it is after the 2nd World War the democratic principles, fundamental rights and freedoms have also become subjects of the articles that can not be affected by the legislative body . Protection of intangible articles is conducted by the constitutional courts because it is the only organ that has the ability to annul acts of parliament. In overturning the laws of constitutional review , the supreme court becomes the current representative of the founding people . A democratic referendum is the only way to change or cancel intangible articles because it is only by a referendum the original constituent power emerges in democracies of the 21st century.