Unconstitutional Constitutional Amendments: The Limits of Amendment Powers by Yaniv RoznaiUnconstitutional Constitutional Amendments: The Limits of Amendment Powers by Yaniv Roznai

Unconstitutional Constitutional Amendments: The Limits of Amendment Powers

byYaniv Roznai

Hardcover | February 28, 2017

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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 theincreasing 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 ofamendments, 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 constitutionalamendments.
Yaniv Roznai is an assistant professor at the Radzyner Law School of the Interdisciplinary Center Herzliya (IDC). He specializes in comparative constitutional law, constitutional theory, legisprudence, and public international law. Roznai holds a PhD and LLM from the London School of Economics, and LLB and BA degrees in law and governm...
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Title:Unconstitutional Constitutional Amendments: The Limits of Amendment PowersFormat:HardcoverDimensions:368 pages, 9.21 × 6.14 × 0 inPublished:February 28, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198768796

ISBN - 13:9780198768791

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Table of Contents

IntroductionPart I: Comparative Constitutional Unamendability1. Explicit Constitutional Unamendability2. Implicit Constitutional Unamendability3. Supra-Constitutional UnamendabilityPart II: Towards a Theory of Constitutional Unamendability4. The Nature of Constitutional Amendment Powers5. The Scope of Constitutional Amendment Powers6. The Spectrum of Constitutional Amendment PowersPart III: Enforcing Constitutional Unamendability7. Understanding Judicial Review of Constitutional Amendments8. Exercising Judicial Review of Constitutional Amendments9. ConclusionAppendix: Explicit Unamendability in World Constitutions