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.
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.
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
Chapter 3. A Constitution for Eternity: An Economic Theory of Explicit Unamendability
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
Chapter 7. Unamendability in Israel: A Critical Perspective
Chapter 8. Eternal Provisions in the Bangladeshi Constitution: A "Constitution Once and For All"?
Chapter 9. Unamendability as a judicial discovery? Inductive learning lessons from Hungary
Chapter 10. Amending the Unamendable: The Case of Article 20 of the German Basic Law
Chapter 11. Debating Unamendability: Deadlock in Turkey's Constitution-Making Process
Chapter 12. The Unamendability of Amendable Clauses: The Case of the Turkish Constitution
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.