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.
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Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.
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PART I: COMPARATIVE CONSTITUTIONAL UNAMENDABILITY; PART II: TOWARDS A THEORY OF CONSTITUTIONAL UNAMENDABILITY; PART III: ENFORCING CONSTITUTIONAL UNAMENDABILITY; APPENDIX: EXPLICIT UNAMENDABILITY IN WORLD CONSTITUTIONS
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This volume by Yaniv Roznai has been received by the constitutional scholars as a decisive contribution to understand how the limits of amendment powers work in democratic constitutions.
Winner of the 2018 ICON-S Book Prize
Provides full and in-depth analysis of the doctrine of unconstitutional constitutional amendment and its growing role in modern constitutional law Proposes a theoretical framework for constitutional unamendability and its judicial enforcement Presents a global approach, drawing on jurisprudential thinking from a range of examples around the world Provides an original collection of unamendable provisions that have existed or still exist in national constitutions from 1789 to 2015
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Yaniv Roznai is an assistant professor at the Radzyner Law School of the Interdisciplinary Center Herzliya (IDC). He specializes in comparative constitutional law, constitutional theory, legisprudence, and public international law. Roznai holds a PhD and LLM from the London School of Economics, and LLB and BA degrees in law and government from the IDC. He is also an elected board member and secretary general of the Israeli Association of Public Law. He has been a Post-Doctoral Fellow at the Minerva Center for the Rule of Law under Extreme Conditions, University of Haifa, and at the Hauser Global Law School, New York University, and a visiting researcher at the Program in Law and Public Affairs, Princeton University. This book is based upon his PhD for which he was awarded the 2014 Thesis Prize of the European Group of Public Law.
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Provides full and in-depth analysis of the doctrine of unconstitutional constitutional amendment and its growing role in modern constitutional law Proposes a theoretical framework for constitutional unamendability and its judicial enforcement Presents a global approach, drawing on jurisprudential thinking from a range of examples around the world Provides an original collection of unamendable provisions that have existed or still exist in national constitutions from 1789 to 2015
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Produktdetaljer

ISBN
9780198768791
Publisert
2017
Utgiver
Vendor
Oxford University Press
Vekt
692 gr
Høyde
240 mm
Bredde
167 mm
Dybde
29 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
370

Forfatter

Om bidragsyterne

Yaniv Roznai is an assistant professor at the Radzyner Law School of the Interdisciplinary Center Herzliya (IDC). He specializes in comparative constitutional law, constitutional theory, legisprudence, and public international law. Roznai holds a PhD and LLM from the London School of Economics, and LLB and BA degrees in law and government from the IDC. He is also an elected board member and secretary general of the Israeli Association of Public Law. He has been a Post-Doctoral Fellow at the Minerva Center for the Rule of Law under Extreme Conditions, University of Haifa, and at the Hauser Global Law School, New York University, and a visiting researcher at the Program in Law and Public Affairs, Princeton University. This book is based upon his PhD for which he was awarded the 2014 Thesis Prize of the European Group of Public Law.