Unconstitutional Constitutional Amendments

The Limits of Amendment Powers

Nonfiction, Reference & Language, Law, Jurisprudence, Social & Cultural Studies, Political Science
Cover of the book Unconstitutional Constitutional Amendments by Yaniv Roznai, OUP Oxford
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Author: Yaniv Roznai ISBN: 9780191081453
Publisher: OUP Oxford Publication: February 23, 2017
Imprint: OUP Oxford Language: English
Author: Yaniv Roznai
ISBN: 9780191081453
Publisher: OUP Oxford
Publication: February 23, 2017
Imprint: OUP Oxford
Language: English

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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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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