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


From: Unconstitutional Constitutional Amendments: The Limits of Amendment Powers

Yaniv Roznai

This book began as my PhD dissertation at the LSE. Therefore, first and foremost, I wish to express my frankest appreciation to my supervisors, Martin Loughlin and Thomas Poole, who always guided and advised me wisely throughout this journey. They were both tremendously devoted and supportive in more ways than I could have ever imagined. Also, I owe many thanks to my LSE upgrade examiners, Grégoire Webber and Michael Wilkinson, who tested my thinking and made it much clearer. As well, I wish to thank my doctoral colleagues and the academic staff whose advice and assistance along the way is greatly valued. Special thanks to my thesis examiners, Neil Walker and Conor Gearty, for their rigorous and elaborated feedback, which surely improved this book.

During my doctoral studies, I had the pleasure to be a visiting researcher at LAPA, Princeton. I thank Kim Lane Scheppele for her supervision, generosity, and support both during and after my time at Princeton. It is also here that I benefited from useful deliberations with Alexander Somek and Gábor Halmai, to whom I owe my gratitude.

After my doctoral studies, I undertook post-doctoral fellowships at the NYU Hauser Global Law School and the Minerva Center for the Rule of Law under Extreme Conditions at the University of Haifa. At NYU, I was sponsored by Samuel Issacharoff, and I thank him, the staff, and my fellow colleagues for their advice and comments. While in New York I also benefited from consultations with Andreas Kalyvas and Michel Rosenfeld, whom I thank for their time and useful remarks. At the University of Haifa, I presented my ideas on various occasions. I would like to thank principal investigators Amnon Reichman, Deborah Shmueli, Eli Salzberger, and Gad Barzilai, and my post-doc colleagues. While in Israel, I also benefited from comments from many people, most notably Adam Shinar, Aharon Barak, Alon Harel, Amnon Rubinstein, Barak Medina, Claude Klein, Hillel Sommer, Isaac Herzog, Ittai Bar-Siman-Tov, Liav Orgad, Moran Kendelstein-Heina, Moshe Cohen-Eliya, Nadiv Mordechay, Nir Yamin, Ruth Gavison, Sharon Weintal, Suzie Navot, and Yoram Rabin.

In the greater academic world, I am greatly indebted to many scholars—too many to mention all—for assisting me with materials, comments, and much more. I am particularly grateful to Carlos Bernal-Pulido, David Landau, Gary Jacobsohn, Joel Colón-Ríos, Mark Tushnet, Ozan Varol, Richard Kay, Silvia Suteu, and Zoran Oklopcic. Distinct appreciation is due to my colleague and true friend Richard Albert for invigoratingly engaging with my ideas.

Various sections of this book were presented at conferences, workshops, and colloquia. I would like to express my gratitude to the hosts and participants at Bar-Ilan University, the EUI, Florida State University, the IDC, Hebrew University, Humboldt University, Indiana University, Koç University, Boston College, the LSE, NUI Galway, NYU, Ono Academic College, Princeton University, Tel Aviv University, the College of Management Academic Studies, the University of Edinburgh, Trinity College Dublin, Tulane University, UC Berkeley, the University of Haifa, the University of Loyola Chicago, Washington University St. Louis, and Yale University.

I am grateful for the generous financial assistance I received from the LSE PhD Scholarship, the Modern Law Review Scholarship, NYU Hauser Global Law School’s Post-Doctoral Scholarship, the University of Haifa’s Rector’s Post-Doctoral Scholarship, and the Minerva Center for the Rule of Law under Extreme Conditions’ Post-Doctoral Scholarship.

I thank Marjorie Kaufman and Benjamin Rosendahl for translations from German, and Bianca Jackson, Risa Vandersluis, and Stephanie Raker for assisting with editing.

I also wish to acknowledge my appreciation to the editors and publishers of the following publications for granting permission to incorporate these works or sections thereof into the book:

  • •  ‘Unamendability and the Genetic Code of the Constitution’ (summer 2015) 27(2) European Review of Public Law 775–825.

  • •  ‘Legisprudence Limitations on Constitutional Amendments? Reflections on the Czech Constitutional Court’s Declaration of Unconstitutional Constitutional Act’ (2014) 8(1) Vienna Journal on International Constitutional Law 29–57.

  • •  ‘Unconstitutional Constitutional Amendments—The Migration and Success of a Constitutional Idea’ (2013) 61(3) American Journal of Comparative Law 657–719.

  • •  ‘The Theory and Practice of “Supra-Constitutional” Limits on Constitutional Amendments’ (2013) 62(3) International & Comparative Law Quarterly 557–97.

I wish to thank the European Group of Public Law, the Scientific Council of the European Public Law Organization, for awarding me their 2014 Thesis Prize. This has been a great honour that has encouraged me to publish this book.

I wish to thank the series editors at Oxford University Press, the external reviewers, and the editorial staff for their advice and assistance throughout the way.

I would like to thank the Ackland Art Museum, University of North Carolina at Chapel Hill, Ackland Fund, for granting me permission to reproduce Richard Westall, ‘The Sword of Damocles’, 1812 (79.10.1).

For their love and support, I wish to thank, above all, my wonderful family: my wife, Avital and my children, Ella and Eitan; my parents, Zvika and Tali; and my parents-in-law, Tamar and Nir. I owe them more than they can imagine. I especially wish that Ella and Eitan grow up with as much affection and care as I have been awarded with and continue to receive. This book is dedicated to them.

Yaniv Roznai

Tel Aviv, Israel