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Unconstitutional Constitutional Amendments: The Limits of Amendment Powers

Yaniv Roznai

ISBN13: 9780198840664
Published: February 2019
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 2017)
Price: £39.99
Hardback edition , ISBN13 9780198768791



Despatched in 4 to 6 days.

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.

Subjects:
Constitutional and Administrative Law
Contents:
Introduction

Part I: Comparative Constitutional Unamendability
1: Explicit Constitutional Unamendability
2: Implicit Constitutional Unamendability
3: Supra-Constitutional Unamendability

Part II: Towards a Theory of Constitutional Unamendability
4: The Nature of Constitutional Amendment Powers
5: The Scope of Constitutional Amendment Powers
6: The Spectrum of Constitutional Amendment Powers

Part III: Enforcing Constitutional Unamendability
7: Understanding Judicial Review of Constitutional Amendments
8: Exercising Judicial Review of Constitutional Amendments
9: Conclusion

Appendix: Explicit Unamendability in World Constitutions

Series: Oxford Constitutional Theory

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ISBN 9780192593467
Published April 2022
Oxford University Press
£70.99

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New Constitutional Horizons: Towards a Pluralist Constitutional Theory
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Published November 2021
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£110.00
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Oxford University Press
£110.00
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Authoritarian Liberalism and the Transformation of Modern Europe (eBook)
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ISBN 9780192597083
Published June 2021
Oxford University Press
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Cover of Constitutionalism and the Paradox of Principles and Rules: Between the Hydra and Hercules (eBook)
Constitutionalism and the Paradox of Principles and Rules: Between the Hydra and Hercules (eBook)
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Oxford University Press
£73.99

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Constitutionalism and the Paradox of Principles and Rules: Between the Hydra and Hercules
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Oxford University Press
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£115.00
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ISBN 9780192583857
Published December 2020
Oxford University Press
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Religion, Law, and Democracy: Selected Writings
Ernst-Wolfgang Bockenforde, Mirjam Kunkler, Tine Stein
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Published November 2020
Oxford University Press
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Religion, Law, and Democracy: Selected Writings (eBook)
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ISBN 9780192550620
Published November 2020
Oxford University Press
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Oxford University Press
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ISBN 9780191089091
Published March 2020
Oxford University Press
£83.99

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Cover of After Public Law
After Public Law
Edited by: Cormac Mac Amhlaigh, Claudio Michelon, Neil Walker
ISBN 9780198842583
Published May 2019
Oxford University Press
£45.99
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ISBN 9780198844341
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Oxford University Press
£34.99
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Oxford University Press
£39.99
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ISBN 9780198834335
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Oxford University Press
£96.00
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ISBN 9780198824237
Published August 2018
Oxford University Press
£48.99
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Published June 2018
Oxford University Press
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ISBN 9780198808084
Published December 2017
Oxford University Press
£107.50
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Oxford University Press
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Unconstitutional Constitutional Amendments: The Limits of Amendment Powers
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ISBN 9780198768791
Published February 2017
Oxford University Press
£125.00
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Oxford University Press
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Oxford University Press
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Oxford University Press
£135.00
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Europe's Functional Constitution: A Theory of Constitutionalism Beyond the State
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ISBN 9780198759072
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Oxford University Press
£112.50
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ISBN 9780198755982
Published March 2016
Oxford University Press
£110.00
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ISBN 9780198745167
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Oxford University Press
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The Cultural Defense of Nations: A Liberal Theory of Majority Rights (eBook)
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ISBN 9780191646447
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Oxford University Press
£29.99

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The Cultural Defense of Nations: A Liberal Theory of Majority Rights
Liav Orgad
ISBN 9780199668687
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Oxford University Press
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Oxford University Press
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The Three Branches: A Comparative Model of Separation of Powers
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Oxford University Press
£53.00
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The Global Model of Constitutional Rights
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ISBN 9780198738077
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Oxford University Press
£54.00
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ISBN 9780198727897
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Oxford University Press
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Oxford University Press
£122.50
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The Cosmopolitan Constitution (eBook)
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ISBN 9780191030925
Published July 2014
Oxford University Press
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The Structure of Pluralism: On the Authority of Associations
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Published March 2014
Oxford University Press
£110.00
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The Structure of Pluralism: On the Authority of Associations (eBook)
Victor M. Muniz-Fraticelli
ISBN 9780191655661
Published March 2014
Oxford University Press
£70.99

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Constitutional Referendums: The Theory and Practice of Republican Deliberation
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ISBN 9780198713968
Published February 2014
Oxford University Press
£58.00
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Constitutional Fragments: Societal Constitutionalism and Globalization
Gunther Teubner
ISBN 9780198713951
Published January 2014
Oxford University Press
£58.00
Cover of Constitutional Courts and Deliberative Democracy
Constitutional Courts and Deliberative Democracy
Conrado Hubner Mendes
ISBN 9780199670451
Published December 2013
Oxford University Press
£122.50
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Constitutional Courts and Deliberative Democracy (eBook)
Conrado Hubner Mendes
ISBN 9780191650178
Published December 2013
Oxford University Press
£35.99

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Fault Lines of Globalization: Legal Order and the Politics of A-Legality (eBook)
Hans Lindahl
ISBN 9780191511530
Published October 2013
Oxford University Press
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Fault Lines of Globalization: Legal Order and the Politics of A-Legality
Hans Lindahl
ISBN 9780199601684
Published October 2013
Oxford University Press
£110.00
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The Cosmopolitan State (eBook)
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ISBN 9780191504983
Published May 2013
Oxford University Press
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The Cosmopolitan State
Patrick Glenn H.
ISBN 9780199682423
Published May 2013
Oxford University Press
£117.50
Cover of After Public Law
After Public Law
Edited by: Cormac Mac Amhlaigh, Claudio Michelon, Neil Walker
ISBN 9780199669318
Published May 2013
Oxford University Press
£127.50
Cover of After Public Law (eBook)
After Public Law (eBook)
Edited by: Cormac Mac Amhlaigh, Claudio Michelon, Neil Walker
ISBN 9780191648007
Published May 2013
Oxford University Press
£31.99

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Cover of The Three Branches: A Comparative Model of Separation of Powers
The Three Branches: A Comparative Model of Separation of Powers
Christoph Moellers
ISBN 9780199602117
Published March 2013
Oxford University Press
£132.50
Cover of The Three Branches: A Comparative Model of Separation of Powers (eBook)
The Three Branches: A Comparative Model of Separation of Powers (eBook)
Christoph Moellers
ISBN 9780191651618
Published March 2013
Oxford University Press
£34.99

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Cover of The Global Model of Constitutional Rights (eBook)
The Global Model of Constitutional Rights (eBook)
Kai Moller
ISBN 9780191642180
Published October 2012
Oxford University Press
£29.99

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Cover of The Global Model of Constitutional Rights
The Global Model of Constitutional Rights
Kai Moller
ISBN 9780199664603
Published October 2012
Oxford University Press
£145.00
Cover of The Constitutional State (eBook)
The Constitutional State (eBook)
Nick Barber
ISBN 9780191637254
Published September 2012
Oxford University Press
£45.99

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Cover of The Constitutional State
The Constitutional State
Nick Barber
ISBN 9780199659937
Published September 2012
Oxford University Press
£66.00
Cover of Beyond Constitutionalism: The Pluralist Structure of Postnational Law
Beyond Constitutionalism: The Pluralist Structure of Postnational Law
Nico Krisch
ISBN 9780199659968
Published September 2012
Oxford University Press
£63.00
Cover of Constituting Economic and Social Rights (eBook)
Constituting Economic and Social Rights (eBook)
Katherine G. Young
ISBN 9780191639746
Published August 2012
Oxford University Press
Out of print
Cover of Constituting Economic and Social Rights
Constituting Economic and Social Rights
Katherine G. Young
ISBN 9780199641932
Published August 2012
Oxford University Press
£142.50
Cover of Constitutional Referendums: The Theory and Practice of Republican Deliberation (eBook)
Constitutional Referendums: The Theory and Practice of Republican Deliberation (eBook)
Stephen Tierney
ISBN 9780191629082
Published April 2012
Oxford University Press
£40.99

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Cover of Constitutional Referendums: The Theory and Practice of Republican Deliberation
Constitutional Referendums: The Theory and Practice of Republican Deliberation
Stephen Tierney
ISBN 9780199592791
Published April 2012
Oxford University Press
£145.00
Cover of Constitutional Fragments: Societal Constitutionalism and Globalization
Constitutional Fragments: Societal Constitutionalism and Globalization
Gunther Teubner
ISBN 9780199644674
Published February 2012
Oxford University Press
£125.00
Cover of Constitutional Fragments: Societal Constitutionalism and Globalization (eBook)
Constitutional Fragments: Societal Constitutionalism and Globalization (eBook)
Gunther Teubner
ISBN 9780191629341
Published February 2012
Oxford University Press
£40.99

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Cover of Twilight of Constitutionalism?
Twilight of Constitutionalism?
Edited by: Petra Dobner, Martin Loughlin
ISBN 9780199651993
Published January 2012
Oxford University Press
£60.00
Cover of Sovereignty's Promise: The State as Fiduciary
Sovereignty's Promise: The State as Fiduciary
Evan Fox-Decent
ISBN 9780199698318
Published December 2011
Oxford University Press
£115.00
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Sovereignty's Promise: The State as Fiduciary (eBook)
Evan Fox-Decent
ISBN 9780191630217
Published December 2011
Oxford University Press
£74.99

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Cover of The Constitutional State
The Constitutional State
Nick Barber
ISBN 9780199585014
Published December 2010
Oxford University Press
£127.50
Cover of Beyond Constitutionalism: The Pluralist Structure of Postnational Law (eBook)
Beyond Constitutionalism: The Pluralist Structure of Postnational Law (eBook)
Nico Krisch
ISBN 9780191637278
Published October 2010
Oxford University Press
Out of print
Cover of Beyond Constitutionalism: The Pluralist Structure of Postnational Law
Beyond Constitutionalism: The Pluralist Structure of Postnational Law
Nico Krisch
ISBN 9780199228317
Published October 2010
Oxford University Press
£125.00
Cover of Twilight of Constitutionalism? (eBook)
Twilight of Constitutionalism? (eBook)
Edited by: Martin Loughlin, Petra Dobner
ISBN 9780191633669
Published February 2010
Oxford University Press
£37.99

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Twilight of Constitutionalism?
Edited by: Martin Loughlin, Petra Dobner
ISBN 9780199585007
Published February 2010
Oxford University Press
£147.50