Eternity Clauses in Democratic Constitutionalism 1st Edition

Eternity Clauses in Democratic Constitutionalism 1st Edition – Ebook Instant Download/Delivery ISBN(s): 9780192602602, 0192602608

Product details:

• ISBN-10: 0192602608
• ISBN-13: 9780192602602
• Author: Silvia Suteu

This book analyses unamendability in democratic constitutionalism and engages critically and systematically with its perils, offering a much-needed corrective to existing understandings of this phenomenon. Whether formalized in the constitutional text or developed as part of judicial doctrines of implicit unamendability, eternity clauses raise fundamental questions about the core democratic commitments underpinning any given constitution.

Table contents:

I. Eternity Clauses in Constitution-making: Between Militant Democracy and Political Bargaining

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

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

II. Eternity Clauses in Constitutional Adjudication: Constitutional Identities, Basic Structures, and Minimum Cores

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

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

III. Eternity Clauses in Contemporary Constitutional Reform Processes: Transnational Forces, Popular Participation, and Constitutional Renewal

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

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

7. Relinquishing Eternity: Amending Unamendability Out of the Constitution

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