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Unconstitutional Constitutional Amendments: The Limits of Amendment Powers      

This month, we focus on Unconstitutional Constitutional Amendments: The Limits of Amendment Powers, by Yaniv Roznai, now available in Oxford Constitutions of the World.

This book describes and analyses the increasing tendency in global constitutionalism substantively to 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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