Amending Powers And Constitutional Amendments
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Author | : Yaniv Roznai |
Publisher | : Oxford University Press |
Total Pages | : 369 |
Release | : 2017 |
Genre | : Law |
ISBN | : 0198768796 |
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.
Author | : Paras Diwan |
Publisher | : |
Total Pages | : 484 |
Release | : 1990 |
Genre | : Political Science |
ISBN | : |
Author | : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Amendments |
Publisher | : |
Total Pages | : 24 |
Release | : 1953 |
Genre | : Eminent domain |
ISBN | : |
Considers (83) S.J. Res. 3.
Author | : Richard Albert |
Publisher | : Oxford University Press |
Total Pages | : 320 |
Release | : 2019-07-15 |
Genre | : Law |
ISBN | : 0190640499 |
Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.
Author | : P. Diwan |
Publisher | : |
Total Pages | : 480 |
Release | : 1997-01-01 |
Genre | : |
ISBN | : 9788171009060 |
Author | : Sanford Levinson |
Publisher | : Princeton University Press |
Total Pages | : 341 |
Release | : 1995-01-24 |
Genre | : Law |
ISBN | : 1400821630 |
An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitution is subject to amendment by procedures other than those authorized by Article V to how significant change is conceptualized within classical rabbinic Judaism. Though the essays are concerned for the most part with the American experience, other constitutional traditions are considered as well. The contributors include Bruce Ackerman, Akhil Reed Amar, Mark E. Brandon, David R. Dow, Stephen M. Griffin, Stephen Holmes and Cass R. Sunstein, Sanford Levinson, Donald Lutz, Walter Murphy, Frederick Schauer, John R. Vile, and Noam J. Zohar.
Author | : Richard Albert |
Publisher | : Oxford University Press, USA |
Total Pages | : 353 |
Release | : 2019 |
Genre | : Law |
ISBN | : 0190640480 |
Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.
Author | : William Anderson |
Publisher | : |
Total Pages | : 480 |
Release | : 1921 |
Genre | : Constitutional history |
ISBN | : |
Author | : United States. Congress. Senate. Committee on the Judiciary |
Publisher | : |
Total Pages | : 100 |
Release | : 1938 |
Genre | : Constitutional amendments |
ISBN | : |
Considers (75) S.J. Res. 134.
Author | : Maurice Adams |
Publisher | : Cambridge University Press |
Total Pages | : 559 |
Release | : 2017-02-02 |
Genre | : Law |
ISBN | : 1316883256 |
Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.