Unconstitutional Constitutional Amendments

The Limits of Amendment Powers

AvYaniv Roznai,Interdisciplinary Center Herzliya (IDC)) Roznai, Yaniv (Assistant Professor, Assistant Professor, Radzyner School of Law

Inbunden, Engelska, 2017

Del i serien Oxford Constitutional Theory

1 503 kr

Beställningsvara. Skickas inom 7-10 vardagar. Fri frakt över 249 kr.

Fler format och utgåvor

Häftad

597 kr

Beskrivning

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.

Produktinformation

Utgivningsdatum:2017-02-16
Mått:167 x 240 x 29 mm
Vikt:692 g
Format:Inbunden
Språk:Engelska
Serie:Oxford Constitutional Theory
Antal sidor:370
Förlag:OUP OXFORD
ISBN:9780198768791
Utmärkelser:Winner of the 2018 Israeli Association of Public Law Gorni Prize for Young Researchers Joint winner of the ICON·S Book Prize

Utforska kategorier

Mer om författaren

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.

Recensioner i media

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.

Innehållsförteckning

PART I: COMPARATIVE CONSTITUTIONAL UNAMENDABILITY; PART II: TOWARDS A THEORY OF CONSTITUTIONAL UNAMENDABILITY; PART III: ENFORCING CONSTITUTIONAL UNAMENDABILITY; APPENDIX: EXPLICIT UNAMENDABILITY IN WORLD CONSTITUTIONS