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Unconstitutional Constitutional Amendments - The Limits of Amendment Powers by Roznai, Yaniv (16th February 2017)

Part I Comparative Constitutional Unamendability, 1 Explicit Constitutional Unamendability

From: Unconstitutional Constitutional Amendments: The Limits of Amendment Powers

Yaniv Roznai

The amendment process is a method for reconciling the tension between stability and flexibility. ‘A state without the means of some change’, Edmund Burke wrote, ‘is without the means of its conservation’. 1 One way in which constitution-makers balance stability and flexibility is by separating the constitutional subjects so that the majority of ordinary provisions require a simple amendment procedure, while a minority of provisions that are deemed more fundamental or protection-worthy enjoy a special protection. 2 The latter are more difficult to amend or are even...
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