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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, 5 The Scope of Constitutional Amendment Powers

From: Unconstitutional Constitutional Amendments: The Limits of Amendment Powers

Yaniv Roznai

In Part I of this book, the various explicit and implicit limitations that may be imposed on the amendment power were described. Part II of this book suggests that such unamendability rests on a solid theoretical ground. This argument began in Chapter 4 , in which it was claimed that the amendment power is not to be equated with the primary constituent power. Instead, it is a power established by the constitution and is delegated with the task of amending it. Due to its nature, it must be understood as limited. Based upon this theoretical presupposition, this...
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