Unconstitutional constitutional amendments
Subtitle: the limits of amendment powers
By: Yaniv Roznai
Edition: First edition.
Series: Oxford constitutional theory; Oxford constitutional theory
Published: 2017
Language: eng
Number of pages: 334
ISBN-13: 9780198768791
Copyright date: 2017
Subjects: Constitutional amendments; Constitutional law
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 adjudication. This book describes and analyses the increasing tendency in global constitutionalism substantively to 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, [the author] 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"--Jacket.
Notes: Includes bibliographical references and index.
Table of contents: title: Part I. Comparative constitutional unamendability. Explicit constitutional unamendability ; Implicit constitutional unamendability ; Supra-constitutional unamendability; title: 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; title: Part III. Enforcing constitutional unamendability. Understanding judicial review of constitutional amendments ; Exercising judicial review of constitutional amendments.