Unconstitutional Constitutional Amendments: The Limits of Amendment PowersOxford University Press, 23 Şub 2017 - 368 sayfa 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. |
İçindekiler
A Note on the Cover | |
Explicit Constitutional Unamendability | |
Implicit Constitutional Unamendability | |
Supraconstitutional Unamendability | |
The Nature of Constitutional Amendment Powers | |
The Scope of Constitutional Amendment Powers | |
The Spectrum of Constitutional Amendment Powers | |
Understanding Judicial Review of Constitutional Amendments | |
Exercising Judicial Review of Constitutional Amendments | |
Conclusion | |
Bibliography | |
Diğer baskılar - Tümünü görüntüle
Unconstitutional Constitutional Amendments: The Limits of Amendment Powers Yaniv Roznai Sınırlı önizleme - 2017 |
Unconstitutional Constitutional Amendments: The Limits of Amendment Powers Yaniv Roznai Sınırlı önizleme - 2017 |
Sık kullanılan terimler ve kelime öbekleri
Africa Aharon Barak amend the constitution amendment authority amendment power amendment procedure amendment process Article Basic Law Basic Structure Doctrine Cambridge University Press Carl Schmitt Chapter Comparative Constitutional Const Constitution-making constitutional amendment powers Constitutional Change Constitutional Court constitutional identity Constitutional Law constitutional norms constitutional order constitutional principles constitutional provisions Constitutionalism constitutionnel decision declared delegated democratic Direct Democracy Eternity Clauses example exercise explicit unamendability Federal form of government forthcoming 2017 fundamental rights Gözler Harv Human Rights implicit Indian Int’l international law interpretation Jon Elster judicial review Justice legitimacy limited natural law Neil Walker ordinary legislation Oxford University Press Parliament people’s political Preamble primary constituent power prohibited protected referendum reform Republic republican form review of amendments review of constitutional Richard Albert Roznai Sajó Sanford Levinson secondary constituent power separation of powers sovereignty substantive supra-constitutional Supreme Court Turkish Constitutional Court unamendable principles unamendable provisions Unconstitutional Constitutional Amendments University Press 2010