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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


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


Courts in Transition

Yvonne Tew

in Constitutional Statecraft in Asian Courts

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198716839
eISBN:
9780191785535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198716839.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter makes the case for an empowered judicial role in the constitutional governance of emerging democracies in Asia. Courts play a significant role in checking political power in dominant ... More


Introduction: Uncharted Terrain in 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/9780190640484.003.0001
Subject:
Law, Constitutional and Administrative Law

What is an amendment? This chapter shows why this question is central to the study of constitutional change. Some constitutional changes are identified as amendments but in reality may be more. ... More


The Abuse of Constituent Power

Rosalind Dixon and David Landau

in Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy

Published in print:
2021
Published Online:
August 2021
ISBN:
9780192893765
eISBN:
9780191914720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780192893765.003.0006
Subject:
Law, Constitutional and Administrative Law

This chapter explores the abusive borrowing of ideas related to constituent power—the concept that all power ultimately stems from the people, and which thus reserves power to the people to replace ... More


Term Limits and the Unconstitutional Constitutional Amendment Doctrine: Lessons from Latin America

David Landau, Yaniv Roznai, and Rosalind Dixon

in The Politics of Presidential Term Limits

Published in print:
2019
Published Online:
August 2019
ISBN:
9780198837404
eISBN:
9780191874109
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198837404.003.0004
Subject:
Political Science, American Politics

This chapter examines the interaction between term limit provisions and the unconstitutional constitutional amendment doctrine in Latin America. It illustrates the varied approaches of courts ... 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


Introduction

Alejandro 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/9780192896759.003.0001
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This introductory chapter provides an overview of the twenty essays compiled for the XIII conference of the Constitutional Court of the Republic of Colombia, which was held in Bogota in January of ... 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


The Separation of Powers

Yvonne Tew

in Constitutional Statecraft in Asian Courts

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198716839
eISBN:
9780191785535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198716839.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter explores the judiciary’s institutional role in maintaining balance among the branches of government. To contextualize the judiciary’s fraught position, it recounts how Malaysia’s ... More


Validity

Paula A. Monopoli

in Constitutional Orphan: Gender Equality and the Nineteenth Amendment

Published in print:
2020
Published Online:
September 2020
ISBN:
9780190092795
eISBN:
9780190092825
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190092795.003.0003
Subject:
Law, Constitutional and Administrative Law

Chapter 2 surfaces the history around the decision, by both the National American Woman Suffrage Association (NAWSA) and the National Woman’s Party (NWP), to immediately pivot to other goals after ... 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


Constitutional Amendments: Making, Breaking, and Changing Constitutions

Richard Albert

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190640484
eISBN:
9780190640514
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190640484.001.0001
Subject:
Law, Constitutional and Administrative Law

Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendment and a blueprint for building and ... More


The Machinery of International Law and Democratic Backsliding: The Problem of Term Limits

Tom Ginsburg

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/9780192896759.003.0007
Subject:
Law, Constitutional and Administrative Law, Comparative Law

This chapter focuses on the abuse of international rights to political participation so as to facilitate a leader's remaining in office beyond the constitutionally mandated term. This involves not ... 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


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