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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, 6 The Spectrum of Constitutional Amendment Powers

From: Unconstitutional Constitutional Amendments: The Limits of Amendment Powers

Yaniv Roznai

Part I of this book argued that there is a growing practice in comparative constitutional law to limit constitutional amendment powers. Chapters 4 and 5 discussed this practice further and demonstrated that it is based upon a solid theoretical ground deriving from the limited nature of the delegated amendment power. These chapters also argue that ‘the people’ are free to change even unamendable fundamental elements of the constitution, yet this power resides not in the amendment power but in the exercise of the primary constituent power. Hence, this completes the...
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