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

Part II Towards a Theory of Constitutional Unamendability, 4 The Nature of Constitutional Amendment Powers

From: Unconstitutional Constitutional Amendments: The Limits of Amendment Powers

Yaniv Roznai

This chapter examines the nature of constitutional amendment powers. It serves as a base for developing a theory of unamendability, since the theoretical path for comprehending any limitation on the amendment power must commence by understanding the nature of that power. The hypothesis is that perceptions regarding unamendability must be rooted in the distinct organization of the State’s powers and of the relationship between governmental institutions and ‘the people’. The manner in which we grasp the nature of the amendment power affects our thinking about its...
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