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Unconstitutional Constitutional Amendments : The Limits of Amendment Powers (Hardcover) (Yaniv Roznai)

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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, 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.
Number of Pages: 334
Genre: Freedom + Security / Law Enforcement
Series Title: Oxford Constitutional Theory
Format: Hardcover
Publisher: Oxford Univ Pr
Author: Yaniv Roznai
Language: English
Street Date: April 16, 2017
TCIN: 51990977
UPC: 9780198768791
Item Number (DPCI): 248-38-9166
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