Unconstitutional Constitutional Amendments
The Limits of Amendment Powers
Series: Oxford Constitutional Theory;
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Product details:
- Publisher OUP Oxford
- Date of Publication 7 February 2019
- ISBN 9780198840664
- Binding Paperback
- No. of pages368 pages
- Size 234x162x19 mm
- Weight 560 g
- Language English 0
Categories
Short description:
Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.
MoreLong description:
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.
[This] book not only ranges across constitutional amendment limitation provisions [worldwide], but also provides deep theoretical treatment of a central normative constitutional issue... The book joins deep theory, doctrinal subtlety, and an empirical breadth that exhibits a boundary-pushing interdisciplinarity of a truly outstanding calibre. It is likely to be a key reference point on this crucial issue for a considerable time to come.
Table of Contents:
Introduction
Part I: Comparative Constitutional Unamendability
Explicit Constitutional Unamendability
Implicit Constitutional Unamendability
Supra-Constitutional Unamendability
Part II: Towards a Theory of Constitutional Unamendability
The Nature of Constitutional Amendment Powers
The Scope of Constitutional Amendment Powers
The Spectrum of Constitutional Amendment Powers
Part III: Enforcing Constitutional Unamendability
Understanding Judicial Review of Constitutional Amendments
Exercising Judicial Review of Constitutional Amendments
Conclusion
Appendix: Explicit Unamendability in World Constitutions
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