Unconstitutional constitutional amendment

An unconstitutional constitutional amendment is a concept in judicial review based on the idea that even a properly passed and properly ratified constitutional amendment, specifically one that is not explicitly prohibited by a constitution's text, can nevertheless be unconstitutional on substantive (as opposed to procedural) grounds—such as due to this amendment conflicting with some constitutional or even extra-constitutional norm, value, and/or principle.[1][2][3] As Israeli legal academic Yaniv Roznai's [He] 2017 book Unconstitutional Constitutional Amendments: The Limits of Amendment Powers demonstrates, the unconstitutional constitutional amendment doctrine has been adopted by various courts and legal scholars in various countries throughout history.[1] While this doctrine has generally applied specifically to constitutional amendments, there have been moves and proposals to also apply this doctrine to original parts of a constitution.

  1. ^ a b Roznai, Yaniv (September 19, 2017). Unconstitutional Constitutional Amendments: The Limits of Amendment Powers. Oxford University Press. ISBN 9780198768791 – via Google Books.
  2. ^ Rappaport, Mike (June 28, 2018). "The Problems With Declaring Procedurally Valid Constitutional Amendments to be Unconstitutional". The Originalism Blog. Retrieved September 21, 2019.
  3. ^ Dorf, Michael C. (November 12, 2018). "How Much of a Problem is the Senate?". Take Care. Retrieved September 21, 2019.