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Oxford Constitutional Theory

Unconstitutional Constitutional Amendments

The Limits of Amendment Powers

Roznai, Yaniv

Unconstitutional Constitutional Amendments

Oxford Constitutional Theory

Unconstitutional Constitutional Amendments

The Limits of Amendment Powers

Oxford Constitutional Theory: Unconstitutional Constitutional Amendments

 

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.


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Beschrijving Oxford Constitutional Theory: Unconstitutional Constitutional Amendments

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.


ISBN
9780198768791
Pagina's
370
Verschenen
Serie
Oxford Constitutional Theory
NUR
820
Druk
1
Uitvoering
Hardback
Taal
Engels
Uitgever
OUP Oxford

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