違憲な憲法修正：憲法の修正不可能性の理論Unconstitutional Constitutional Amendments : The Limits of Amendment Powers
（Oxford Constitutional Theory）
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Annotation
New in paperback. Hardcover was published in 2017.
Full Description
Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.
Detailed Information
Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism to substantively limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'.
Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.
Table of Contents
PART I: COMPARATIVE CONSTITUTIONAL UNAMENDABILITY; PART II: TOWARDS A THEORY OF CONSTITUTIONAL UNAMENDABILITY; PART III: ENFORCING CONSTITUTIONAL UNAMENDABILITY; APPENDIX: EXPLICIT UNAMENDABILITY IN WORLD CONSTITUTIONS