Journal article

Unconstitutional Constitutional Amendments: Between Contradiction and Necessity

Adrienne Stone

ICL Journal | VERLAG OSTERREICH | Published : 2018

Abstract

Abstract In Unconstitutional Constitutional Amendments, Yaniv Roznai seeks to unscramble the apparent contradictions in the idea of an unconstitutional constitutional amendment. This argument is ambitious in its scope and its global comparative reach. Roznai does not limit himself to justifying explicit limitations placed on the power of amendment nor to limitations that go only to process. Rather, Roznai argues that amendment powers are always subject to limitations of substance and procedure and that these limitations may be implicit as well as explicit. In this short essay, I will argue that the form of argument deployed by Roznai cannot fully justify the doctrine of unamendability as Roz..

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University of Melbourne Researchers

Grants

Funding Acknowledgements

Support for this research was provided by the Australian Research Council through the Laureate Program in Comparative Constitutional Law at Melbourne Law School.