Unconstitutional Constitutional Amendments: The Limits of Amendment Powers

Author: Yaniv Roznai
Publisher: Oxford University Press
ISBN: 9780198840664

Published In: February 2019
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9780198768791

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Description
Contents

Details

Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication.

This book describes and analyses the increasing tendency in global constitutionalism to substantively limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'.

Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.

Introduction

Part I: Comparative Constitutional Unamendability
1: Explicit Constitutional Unamendability
2: Implicit Constitutional Unamendability
3: Supra-Constitutional Unamendability

Part II: Towards a Theory of Constitutional Unamendability
4: The Nature of Constitutional Amendment Powers
5: The Scope of Constitutional Amendment Powers
6: The Spectrum of Constitutional Amendment Powers

Part III: Enforcing Constitutional Unamendability
7: Understanding Judicial Review of Constitutional Amendments
8: Exercising Judicial Review of Constitutional Amendments
9: Conclusion

Appendix: Explicit Unamendability in World Constitutions