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The Three Varieties of Unamendability

Richard Albert

in Constitutional Amendments: Making, Breaking, and Changing Constitutions

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190640484
eISBN:
9780190640514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190640484.003.0005
Subject:
Law, Constitutional and Administrative Law

Constitutions sometimes codify unamendable rules. These unamendable rules are resistant to legal forms of change. They cannot be altered using the codified rules of amendment. Nor can they be ... More


The Architecture of Constitutional Amendment

Richard Albert

in Constitutional Amendments: Making, Breaking, and Changing Constitutions

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190640484
eISBN:
9780190640514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190640484.003.0006
Subject:
Law, Constitutional and Administrative Law

Constitutional amendment rules were once very simple in their design. A constitution codified a one-size-fits-all procedure for amendments to any part of the constitution, and that was it. Today, ... More


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