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Unconstitutional Constitutional Amendments: The Limits of Amendment Powers

by Unconstitutional Constitutional Amendments: The Limits of Amendment Powers

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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.

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Product Details

  • OUP Oxford Brand
  • Apr 16, 2017 Pub Date:
  • 9780198768791 ISBN-13:
  • 0198768796 ISBN-10:
  • English Language
  • 1.1 in * 6.2 in * 9.3 in Dimensions:
  • 2 lb Weight: