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

Part III Enforcing Constitutional Unamendability, 8 Exercising Judicial Review of Constitutional Amendments

From: Unconstitutional Constitutional Amendments: The Limits of Amendment Powers

Yaniv Roznai

Even after the practice of judicial review of amendments is understood, the remaining question is: how should such a review be exercised? In light of the growing trend towards reviewing constitutional amendments and the importance of such an exercise, the manner in which this judicial great power is exercised carries crucial implications. 1 This chapter, therefore, develops guidelines for exercising judicial review of constitutional amendments according to the theory of constitutional unamendability. The power to declare a constitutional amendment...
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