Προσθήκη στα αγαπημένα
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.
Introduction
Part I: Comparative Constitutional Unamendability
1: Explicit Constitutional Unamendability
2: Implicit Constitutional Unamendability
3: Supra-Constitutional Unamendability
Part II: Towards a Theory of Constitutional Unamendability
4: The Nature of Constitutional Amendment Powers
5: The Scope of Constitutional Amendment Powers
6: The Spectrum of Constitutional Amendment Powers
Part III: Enforcing Constitutional Unamendability
7: Understanding Judicial Review of Constitutional Amendments
8: Exercising Judicial Review of Constitutional Amendments
9: Conclusion
Appendix: Explicit Unamendability in World Constitutions
Περιγραφή
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.
