Unconstitutional constitutional amendments : the limits of amendment powers /
Yaniv Roznai.
- First edition.
- xxxiv, 334 pages ; 24 cm.
- Oxford constitutional theory .
- Oxford constitutional theory. .
Part I. Comparative constitutional unamendability -- Explicit constitutional unamendability -- Implicit constitutional unamendability -- Supra-constitutional unamendability -- 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 -- Part III. Enforcing constitutional unamendability -- Understanding judicial review of constitutional amendments -- Exercising judicial review of 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 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."--