Suchergebnisse

Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.

"Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism substantively to limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, [the author] sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments."--

Amidst massive protests taking place in Jerusalem and throughout the country, on July 24th the Knesset (Israeli parliament) passed Amendment Number 4 to Basic Law: The Judiciary, curtailing the power of Israel's Supreme Court. The amendment determines that no court, including the Supreme Court seating as the High Court of Justice, may engage with and/or pass judgment on the reasonableness of any "decision" of the government, the prime minister, or any minister; nor may a court give an order on the said matter. The coalition government's choice to go ahead with the legislation notwithstanding the internal and external pressures may now only deepen the multi-layered crisis the country has been in since January.

During the passing of the New Towns bill in 1946 the minister for Town and Country planning invoked Moore's Utopia only to be dismissed, ridiculed and lampooned by opposition politicians in the UK parliament. Whipps' artistic research takes this moment's crude dichotomy as a starting point to investigate the places that were built and the people who live in them 70 years later. The outcomes (films, exhibitions and publication) allow for the different reading of historical materials from the perspective of memory and community. Whipps' creates a change to the way we remember and think of 'new towns' today by both; representing the stories of people who lived and live in those 'new' places and by reflecting upon what happens when idealism and optimism is confronted by bureaucracy and the status quo. This research utilises historical and archival materials from Milton Keynes City Discover Centre and vintage educational videos from The Open University that were presented alongside newly created photographs, films and personal testimonies. Whipps developed a new body of work that centres around a series of films 'Necessary Amendments' (2014 - 2020) supported by community engagement events (e.g "Cycle Tour" around Milton Keynes public art displays, 2018), new photographic and film material from the sculpture garden created by a Harlow New Town architect Sir Fredrick Gibberd, and commissioned writing by Dr Honor Gavin (The University of Manchester). His findings in a form of films, contemporary art exhibitions, public talks and publications were supported by MK Gallery, The Open University and the University of Hertfordshire. The project was exhibited nationally in MK Gallery, and internationally in CURRENT Athens. "Necessary Amendments: Homes for the People" film was commissioned and exhibited as part of New Geographies (funded by ACE). Whipps published a peer-reviewed paper in 'Art & the Public Sphere' journal (2017).