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Abstract
This article aims to explore the relationship between unamendability and constitutional resilience. Inspired by Roznai’s theory on the limits of amendment powers, this article seeks to examine how such limits may function as a mechanism of constitutional resilience exploring how unamendability may impact the resilience of a constitution, allowing it to withstand crises while retaining its core functions. The key question is whether entrenchment enhances resilience through its protective shield or, by contrast, fetters resilience by foreclosing adaptability – what does not bend often breaks. The complex relationship between unamendability and constitutional resilience unfolds in the context of different amendment patterns.
European Journal of Law Reform |
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Article | Constitutional Resilience and UnamendabilityAmendment Powers as Mechanisms of Constitutional Resilience |
Keywords | constitutional change, constitutional resilience, unamendability, constitutional identity |
Authors | Xenophon Contiades en Alkmene Fotiadou |
DOI | 10.5553/EJLR/138723702019021003003 |
Author's information |
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