I am pleased to announce the publication, just today, of our new book on "An Unamendable Constitution? Unamendability in Constitutional Democracies," featuring cutting-edge contributions on the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. More information is available here. The full table of contents follows below.
--Richard Albert An Unamendable Constitution? Unamendability in Constitutional Democracies (2018) Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today, it is undeniable that the answer is yes. In many parts of the world, an amendment can be invalidated for violating either a codified or uncodified 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 world. We can trace this paradox to the concept of constitutional unamendability. Whether or not it is enforced, unamendability raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law. Introduction Chapter 1. The Forms of Unamendability Richard Albert & Bertil Oder Part I: The Legitimacy and Limits of Unamendability Chapter 2. Necrocracy or Democracy? Assessing Objections to Constitutional Unamendability Yaniv Roznai Chapter 3. A Constitution for Eternity: An Economic Theory of Explicit Unamendability Konstantinos Pilpilidis Chapter 4. Conventions of Unamendability: Covert Constitutional Unamendability in (Two) Politically Enforced Constitutions Jerfi Uzman & Gert Jan Geertjes Chapter 5. Credible Commitment or Paternalism? The Case of Unamendability Stephan Michel & Ignacio Cofone Part II: Unamendability around the World Chapter 6. Constitutional Falsehoods: The Fourth Judges Case and the Basic Structure Doctrine in India Chintan Chandrachud Chapter 7. Unamendability in Israel: A Critical Perspective Mazen Masri Chapter 8. Eternal Provisions in the Bangladeshi Constitution: A "Constitution Once and For All"? Ridwanul Hoque Chapter 9. Unamendability as a judicial discovery? Inductive learning lessons from Hungary Fruzsina Gárdos-Orosz Chapter 10. Amending the Unamendable: The Case of Article 20 of the German Basic Law Serkan Koybasi Chapter 11. Debating Unamendability: Deadlock in Turkey's Constitution-Making Process Oya Yeğen Chapter 12. The Unamendability of Amendable Clauses: The Case of the Turkish Constitution Tarik Olcay Chapter 13. Brazil in the Context of the Debate Over Unamendability in Latin America Juliano Zaiden Benvindo Chapter 14. Unamendable Constitutional Provisions and the European Common Constitutional Heritage: A Comparison Among Three Waves of Constitutionalism. Valentina Scotti Comments are closed.
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