An Unamendable Constitution?

Unamendability in Constitutional Democracies

Nonfiction, Reference & Language, Law, International, Constitutional
Cover of the book An Unamendable Constitution? by , Springer International Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9783319951416
Publisher: Springer International Publishing Publication: September 3, 2018
Imprint: Springer Language: English
Author:
ISBN: 9783319951416
Publisher: Springer International Publishing
Publication: September 3, 2018
Imprint: Springer
Language: English

This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies.

Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies.

Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.

More books from Springer International Publishing

Cover of the book Validation of Evolving Software by
Cover of the book Himalayan Quality of Life by
Cover of the book Crimes and Punishments and Bernard Shaw by
Cover of the book Design and Implementation of the MTX Operating System by
Cover of the book Diffusion in Social Networks by
Cover of the book Decision Making for Personal Investment by
Cover of the book Dynamic Neuroscience by
Cover of the book Neuroptera (Including Megaloptera) by
Cover of the book Game Theoretic Analysis of Congestion, Safety and Security by
Cover of the book Women's Writing in Colombia by
Cover of the book Software Quality. The Future of Systems- and Software Development by
Cover of the book Analytical Finance: Volume II by
Cover of the book Modern Subjectivities in World Society by
Cover of the book Stochastic Geometric Mechanics by
Cover of the book Telemanagement of Inflammatory Bowel Disease by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy