Unconstitutional Constitutional Amendments: The Limits of Amendment Powers

Administrative / Constitutional Law

Unconstitutional Constitutional Amendments: The Limits of Amendment Powers

By Yaniv Roznai
Oxford University Press February 2017

Specifications

ISBN-13
9780198768791
Publisher
Oxford University Press
Publication
February 2017
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

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.

Table of Contents

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
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