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This monograph examines unamendable provisions of constitutions, known as eternity clauses, and the challenges they present to democratic constitutionalism. The book explores the role of eternity clauses in constitution-making, constitutional adjudication, and constitutional reform and posits an ambiguous legacy for eternity clauses.
List of contents
- Introduction: The Rise of Eternity Clauses in Democratic Constitutionalism
- 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
- 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
- 5.: Eternity in a Global Context: Unamendability, Internationalised Constitution-making and Transnational Values
- 6.: Eternity Faces 'the People': Unamendability and Participatory Constitutional Change
- 7.: Relinquishing Eternity: Amending Unamendability Out of the Constitution
- Conclusion
About the author
Dr Silvia Suteu is Lecturer in Public Law at University College London. Her research interests are broadly in comparative constitutional law and constitutional theory. She studies the theory and practice of deliberative constitutional change, constitutional entrenchment and democratic theory, transitional constitutionalism, and gender-sensitive constitution-making. She has been invited to present her work at institutions such as the United Nations Development Program, the European Parliament, the European Court of Human Rights, and OSCE, and has provided legal expertise on constitution building to organizations including Democracy Reporting International, the Euromed Feminist Initiative, International IDEA, and UN Women.
Summary
This monograph examines unamendable provisions of constitutions, known as eternity clauses, and the challenges they present to democratic constitutionalism. The book explores the role of eternity clauses in constitution-making, constitutional adjudication, and constitutional reform and posits an ambiguous legacy for eternity clauses.
Foreword
Winner, 2023 ICON-S Book Prize
