
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.
Can a constitutional amendment be declared unconstitutional, and what are the theoretical and practical implications of such a paradox? Yaniv Roznai, a scholar of constitutional law, investigates the global trend of limiting formal constitutional changes through substantive judicial review. By synthesizing historical analysis, legal theory, and comparative case studies, the author examines the nature of amendment power and the legitimacy of courts in policing the boundaries of constitutional change.
What You Will Find
Scope Limits
Legal scholars and constitutional theorists frequently cite this work as a foundational text for understanding the limits of amendment power. Experts note the rigorous academic density of the prose, making it a primary resource for those studying the intersection of judicial review and constitutional stability.
Page Count:
368
Publication Date:
2017-01-01
Publisher:
Oxford University Press
ISBN-10:
0191081442
ISBN-13:
9780191081446
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