Constitutional Revision In Theory And Practice
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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 | : Jaclyn L Neo |
Publisher | : Routledge |
Total Pages | : 410 |
Release | : 2016-06-17 |
Genre | : Law |
ISBN | : 1317428099 |
At the heart of constitutional interpretation is the struggle between, on the one hand, fidelity to founding meanings, and, on the other hand, creative interpretation to suit the context and needs of an evolving society. This book considers the recent growth of constitutional cases in Singapore in the last ten years. It examines the underpinnings of Singapore’s constitutional system, explores how Singapore courts have dealt with issues related to rights and power, and sets developments in Singapore in the wider context of new thinking and constitutional developments worldwide. It argues that Singapore is witnessing a shift in legal and political culture as both judges and citizens display an increasing willingness to engage with constitutional ideas and norms.
Author | : Richard Albert |
Publisher | : Oxford University Press |
Total Pages | : 353 |
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 | : James W. Ceaser |
Publisher | : Rowman & Littlefield Publishers |
Total Pages | : 230 |
Release | : 2010-12-16 |
Genre | : Political Science |
ISBN | : 1442207922 |
In Designing a Polity, James W. Ceaser, one of our leading scholars of American political development, argues for the continuing central role of the Founding within the study of American government. Drawing on essays published over the past 10 years, extensively updated and revised to reflect current politics, Ceaser engages the Founding Fathers, particularly James Madison, emphasizes Alexis de Tocqueville as a model of political inquiry, critiques current and recent theorists such as Richard Rorty and Jacques Derrida, and explores the varieties of contemporary conservative thought. Designing a Polity offers a rich exploration of the core values of political sciences that will be of special interest to scholars and students of American political development, Constitutional thought, and contemporary political thought.
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 | : Gabriel L. Negretto |
Publisher | : Cambridge University Press |
Total Pages | : 297 |
Release | : 2013-06-17 |
Genre | : Political Science |
ISBN | : 1107026520 |
Examines constitutional change in Latin America from 1900 to 2008 and provides the first systematic explanation of the origins of constitutional designs.
Author | : Carl Joachim Friedrich |
Publisher | : |
Total Pages | : 0 |
Release | : 1937 |
Genre | : Constitutional History |
ISBN | : |
Author | : Bruce A. Ackerman |
Publisher | : |
Total Pages | : 150 |
Release | : 1995 |
Genre | : Business & Economics |
ISBN | : |
Bruce Ackerman and David Golove tell the story of how the Treaty Clause was displaced in the twentieth century by a modern procedure in which the House of Representatives joins the Senate in the process of consideration, and simple majorities in both Houses suffice to commit the nation. This is called the Congressional-Executive Agreement, and is a response to a seachange in public opinion during and after World War II. As American troops swept through Europe, Americans at home were anxiously remembering the Senate's rejection of the Treaty of Versailles at the end of World War I. Would America once again win the war only to lose the peace? Rather than formally amending the Treaty Clause to strip a Senate minority of its veto power, political leaders of the 1940s developed the Congressional-Executive Agreement as an alternative to the classical treaty. But is such a fundamental change valid without a formal constitutional amendment? Challenging readers to rethink their understanding of the nature of constitutional change, this book vindicates the Congressional-Executive Agreement. In doing so, it not only establishes the validity of NAFTA and other recent initiatives like the World Trade Organization, but also establishes the constitutional framework for the democratic control of American diplomacy in the years ahead.
Author | : Sanford Levinson |
Publisher | : Oxford University Press |
Total Pages | : 260 |
Release | : 2008 |
Genre | : Law |
ISBN | : 0195365577 |
Levinson here argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Worse, our Constitution is the most difficult to amend or update in the world. Levinson boldly challenges the Americans to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.
Author | : Jacob Weinrib |
Publisher | : Cambridge University Press |
Total Pages | : 317 |
Release | : 2016-09-15 |
Genre | : Law |
ISBN | : 1107084288 |
Offers a public law theory that elaborates the idea of human dignity to illuminate and justify innovations in constitutional practice.