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

Part I Comparative Constitutional Unamendability, 2 Implicit Constitutional Unamendability

From: Unconstitutional Constitutional Amendments: The Limits of Amendment Powers

Yaniv Roznai

Chapter 1 expanded on expressed limitations which may be imposed on the constitutional amendment power in the form of unamendable provisions. A more complicated issue concerns the question of whether any implicit unamendability exists, regardless of the existence or absence of any unamendable provisions. This issue is more contentious than explicit unamendability. In the latter case, the mere existence of clear constitutional provisions may ease and simplify the courts’ exceptional exercise in enforcing any such limitations by substantially reviewing...
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