Books > Social sciences > Politics & government > Political structure & processes > Constitution, government & the state
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Unconstitutional Constitutional Amendments - The Limits of Amendment Powers (Paperback)
Loot Price: R876
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Unconstitutional Constitutional Amendments - The Limits of Amendment Powers (Paperback)
Series: Oxford Constitutional Theory
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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 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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