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Eternity Clauses in Democratic Constitutionalism (Oxford Comparative Constitutionalism) by Silvia Suteu is a nonfiction available to read on EtoBox.

What is Eternity Clauses in Democratic Constitutionalism (Oxford Comparative Constitutionalism) about?

"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. The book takes seriously the democratic challenge eternity clauses pose and argues that this goes beyond the old tension between constitutionalism and democracy. Instead, eternity clauses reveal themselves to be a far more ambivalent constitutional mechanism, one with greater and more insidious potential for abuse than has been recognized. The 'dark side' of unamendability includes its propensity to insulate majoritarian, exclusionary, and internally incoherent values, as well as its sometimes purely pragmatic role in elite bargaining. The book adopts a contextual approach and brings to the fore a variety of case studies from non-traditional jurisdictions. These insights from the periphery illuminate the prospects of unamendability fulfilling its

Who reads Eternity Clauses in Democratic Constitutionalism (Oxford Comparative Constitutionalism)?

Author

Silvia Suteu

Publisher

Oxford University Press USA

Published

2021

Language

EN

ISBN

9780192602596

Category

nonfiction

Subjects

Law, Constitutional Law