Unconstitutional Constitutional Amendments

The Limits of Amendment Powers

Inbunden, Engelska, 2017

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

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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.

Produktinformation

Utgivningsdatum2017-02-16
Mått167 x 240 x 29 mm
Vikt692 g
FormatInbunden
SpråkEngelska
SerieOxford Constitutional Theory
Antal sidor370
FörlagOUP OXFORD
ISBN9780198768791
UtmärkelserWinner of the 2018 Israeli Association of Public Law Gorni Prize for Young Researchers Joint winner of the ICON·S Book Prize

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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.