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

Part III Enforcing Constitutional Unamendability, 7 Understanding Judicial Review of Constitutional Amendments

From: Unconstitutional Constitutional Amendments: The Limits of Amendment Powers

Yaniv Roznai

Part I of this book describes how both explicit and implicit limitations may be imposed on the amendment power. Part II goes on to develop a theory that explains the limited nature of amendment powers. Yet, it is one thing to claim that amendment powers are limited; it is quite another to question whether such limitations are legally enforceable, in the sense that they are subject to substantive judicial review by courts. In 1921, Édouard Lambert argued that, owing to two features of American judicial review—namely, the common law technique of judging and...
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