Unconstitutional Constitutional Amendments

Aharon Barak

114 citations0/0 files storedIsrael Law Review

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Comparative constitutional jurisprudence studies Judicial and Constitutional Studies Legal and Constitutional Studies

Abstract

This paper deals with the question of an amendment to the constitution that has been made pursuant to the formal requirements of the constitution but deviates from its basic structure. The paper explores different views regarding this question in comparative law. It also examines the applicability ofthe doctrine of unconstitutional constitutional amendments in Israel.

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References

2006The Core of the Case against Judicial Review 2008Constitutional Theory 1999Legality and LegitimacyCarl Schmitt, Hans Kelsen, and Hermann Heller in Weimar 2005Purposive Interpretation in Law 2012Proportionality (2)2010Parliamentary Sovereignty 1983A Constitution We Are Amending: In Defense of a Restrained Judicial Role 2009Constitutional Courts and Democratic Values

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