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Eternity Clauses in Democratic Constitutionalism

Silvia Suteu

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198858867
eISBN:
9780191890970
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858867.001.0001
Subject:
Law, Constitutional and Administrative Law

This book makes a critical contribution to the growing literature on constitutional unamendability, as well as to the broader scholarship in the field of comparative constitutional change. It ... More


Conclusion

Silvia Suteu

in Eternity Clauses in Democratic Constitutionalism

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198858867
eISBN:
9780191890970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858867.003.0009
Subject:
Law, Constitutional and Administrative Law

This chapter revisits the most troubling aspect of unamendability: its deep tension with democratic constitutionalism. It reasserts the necessity to take seriously the darker reality of ... More


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 Straw that Broke the Constitution’s Back?: Qualitative Quantity in Judicial Review of Constitutional Amendments

Yaniv Roznai

in Constitutionalism: Old Dilemmas, New Insights

Published in print:
2021
Published Online:
July 2021
ISBN:
9780192896759
eISBN:
9780191919046
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192896759.003.0008
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter examines the doctrines of constitutional unamendability and how they can counteract revolutionary changes. It focuses mainly in developing the theory of quantity transforming into ... More


Between the Explicit and Implicit Limits? An Analysis of Judicial Review of the Constitutional Amendment Doctrine in Colombia

Linares Cantillo

in Constitutionalism: Old Dilemmas, New Insights

Published in print:
2021
Published Online:
July 2021
ISBN:
9780192896759
eISBN:
9780191919046
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192896759.003.0009
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter illustrates the Colombian Constitutional Court's explicit and implicit powers to undertake the judicial review of constitutional amendments. It begins by describing and analysing the ... More


Introduction: The Rise of Eternity Clauses in Democratic Constitutionalism

Silvia Suteu

in Eternity Clauses in Democratic Constitutionalism

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198858867
eISBN:
9780191890970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858867.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter reviews the growing literature on constitutional unamendability and provides a unique analysis of unamendability in democratic constitutionalism. It looks at the democratic challenge of ... More


Eternity and Democratic Precommitment: Unamendability as an Instrument of Militant Democracy

Silvia Suteu

in Eternity Clauses in Democratic Constitutionalism

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198858867
eISBN:
9780191890970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858867.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter examines eternity clauses as mechanisms of constitutional precommitment and as tools for defending democracy in the face of anti-democratic forces. It looks at two broad categories of ... More


Eternity in Post-Conflict Constitutions: Unamendability as a Facilitator of Political Settlements

Silvia Suteu

in Eternity Clauses in Democratic Constitutionalism

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198858867
eISBN:
9780191890970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858867.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter analyses eternity clauses as drafting mechanisms that facilitate and safeguard post-conflict constitution-making. It discloses the constitutional bargaining dynamics specific to ... More


Eternity and Expressive Values: Unamendability as the Embodiment of Constitutional Identity

Silvia Suteu

in Eternity Clauses in Democratic Constitutionalism

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198858867
eISBN:
9780191890970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858867.003.0004
Subject:
Law, Constitutional and Administrative Law

This chapter scrutinizes the literature on constitutional identity, within which eternity clauses are viewed as repositories of the constitution's core values. It analyses unamendability as the site ... More


Eternity as Judicially Created Doctrine: Implicit Unamendability as the Embodiment of the Constitution’s Basic Structure or Minimum Core

Silvia Suteu

in Eternity Clauses in Democratic Constitutionalism

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198858867
eISBN:
9780191890970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858867.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on implicit unamendability and looks at the spread of unconstitutional constitutional amendment doctrines. It discusses the understanding of unamendability as a necessary ... More


Eternity in a Global Context: Unamendability, Internationalized Constitution-Making, and Transnational Values

Silvia Suteu

in Eternity Clauses in Democratic Constitutionalism

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198858867
eISBN:
9780191890970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858867.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter analyses eternity clauses in a transnational context, as part of the story of the internationalized nature of constitution-making processes and the growing diffusion of global values in ... More


Eternity Faces ‘the People’: Unamendability and Participatory Constitutional Change

Silvia Suteu

in Eternity Clauses in Democratic Constitutionalism

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198858867
eISBN:
9780191890970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858867.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter looks at a trend that seemingly contradicts the global rise of eternity clauses: popular participation in constitution-making processes. It discusses whether the deeper democratic ... More


Relinquishing Eternity: Amending Unamendability Out of the Constitution

Silvia Suteu

in Eternity Clauses in Democratic Constitutionalism

Published in print:
2021
Published Online:
September 2021
ISBN:
9780198858867
eISBN:
9780191890970
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198858867.003.0008
Subject:
Law, Constitutional and Administrative Law

This chapter investigates the possibility of repealing eternity clauses and renouncing doctrines of implicit unamendability. It looks at two case studies from Turkey and India, where backtracking ... More


Why Amendment Rules?

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/9780190640484.003.0002
Subject:
Law, Constitutional and Administrative Law

Virtually all constitutions codify amendment rules. But why? What are the uses and purposes of constitutional amendment rules? Amendment rules of course create a legal process for reformers to alter ... 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


Conclusion: The Rules of Law

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/9780190640484.003.0008
Subject:
Law, Constitutional and Administrative Law

There are presently too few resources to guide constitutional designers in building the rules of constitutional amendment. This chapter offers a roadmap for designing constitutional amendment rules. ... More


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