Unconstitutional Constitutional Amendments: The Limits of Amendment PowersOxford University Press, 16 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
Introduction | 1 |
Comparative Constitutional Unamendability | 13 |
Towards a Theory of Constitutional Unamendability | 103 |
Part III Enforcing Constitutional Unamendability | 177 |
Explicit Substantive Unamendability in World Constitutions | 235 |
| 275 | |
| 317 | |
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
A. V. Dicey according Aharon Barak amend the constitution amendment authority amendment power amendment procedure amendment process argued Basic Law Basic Structure Doctrine Bruce Ackerman Carl Schmitt Chapter Const Constitution-making constitutional amendment powers constitutional amendments Constitutional Change Constitutional Court Constitutional Law constitutional norms constitutional order constitutional principles constitutional provisions Constitutionalism constitutionnel decision declared delegated democratic Dieter Grimm elections enforcement example exercise explicit form of government fundamental rights German Gözler Human Rights implicit unamendability Indian Int'l international law Jon Elster judicial review jus cogens Justice legitimacy ment natural law Neil Walker ordinary legislation Oxford University Press Parliament Perspective political primary constituent power prohibited protect referendum reform regarding Republic republican republican form review of amendments review of constitutional revision Richard Albert Sajó secondary constituent power sovereign sovereignty stitutional substantive supra-constitutional supranational Supreme Court tion tional Turkish Constitutional Court unamendable principles unamendable provisions Unconstitutional Constitutional Amendments University Press 2009 violation