October 20, 2014

by Yaniv Roznai. Many constitutions, old and modern, include various substantive limitations on the ability to amend the constitution. According to these limitations certain principles, institutions or rules are ‘unamendable’. In other words, their amendment would be prohibited. Most of the world’s unamendable provisions are non-self-entrenched provisions, i.e. they establish the unamendability of certain constitutional subjects but they are themselves not entrenched. Can non-self-entrenched provisions be amended? As a matter of practice, the answer is positive.