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Author : Tip H. Allen
Publisher :
ISBN 13 :
Total Pages : 188 pages
Book Rating : 4.F/5 ( download)
Download or read book Constitutional Revision in Theory and Practice written by Tip H. Allen and published by . This book was released on 1962 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Sanford Levinson
Publisher : Princeton University Press
ISBN 13 : 1400821630
Total Pages : 344 pages
Book Rating : 4.4/5 (8 download)
Download or read book Responding to Imperfection written by Sanford Levinson and published by Princeton University Press. This book was released on 1995-01-24 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :
Publisher :
ISBN 13 : 9781400816972
Total Pages : pages
Book Rating : 4.8/5 (169 download)
Download or read book Responding to Imperfection written by and published by . This book was released on 1995-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Richard Albert
Publisher : Oxford University Press
ISBN 13 : 0190640499
Total Pages : 320 pages
Book Rating : 4.1/5 (96 download)
Download or read book Constitutional Amendments written by Richard Albert and published by Oxford University Press. This book was released on 2019-07-15 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Sanford Levinson
Publisher :
ISBN 13 : 9780691086576
Total Pages : 330 pages
Book Rating : 4.0/5 (865 download)
Download or read book Responding to Imperfection written by Sanford Levinson and published by . This book was released on 1995 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: It was a fundamental breakthrough in American constitutional theory, manifested originally in the drafting of state constitutions, that the 'rules of government' would be decidedly 'alterable' through a stipulated legal process.
Author : James W. Ceaser
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1442207922
Total Pages : 230 pages
Book Rating : 4.4/5 (422 download)
Download or read book Designing a Polity written by James W. Ceaser and published by Rowman & Littlefield Publishers. This book was released on 2010-12-16 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Jaclyn L Neo
Publisher : Routledge
ISBN 13 : 1317428099
Total Pages : 410 pages
Book Rating : 4.3/5 (174 download)
Download or read book Constitutional Interpretation in Singapore written by Jaclyn L Neo and published by Routledge. This book was released on 2016-06-17 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Yaniv Roznai
Publisher : Oxford University Press
ISBN 13 : 0198768796
Total Pages : 369 pages
Book Rating : 4.1/5 (987 download)
Download or read book Unconstitutional Constitutional Amendments written by Yaniv Roznai and published by Oxford University Press. This book was released on 2017 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : John R. Vile
Publisher : Praeger
ISBN 13 : 0275949184
Total Pages : 0 pages
Book Rating : 4.2/5 (759 download)
Download or read book Constitutional Change in the United States written by John R. Vile and published by Praeger. This book was released on 1994-08-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The processes of constitutional change in America are particularly difficult to understand because of the constant interaction between the constitutional document of 1787 and the wider set of understandings and practices surrounding that document. This work is the first to examine systematically the relationship between changes initiated by constitutional amendment and changes initiated by judicial interpretations or actions of the two elected branches of government. By examining and comparing all three mechanisms of constitutional revision, Vile offers a more complex and dynamic analysis of this important constitutional issue than can be found elsewhere in the literature.
Author : John R. Vile
Publisher : Peter Lang Incorporated, International Academic Publishers
ISBN 13 :
Total Pages : 522 pages
Book Rating : 4.F/5 ( download)
Download or read book The Theory and Practice of Constitutional Change in America written by John R. Vile and published by Peter Lang Incorporated, International Academic Publishers. This book was released on 1993 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: The only volume of its kind, this book provides diverse readings relevant to the topic of constitutional amendment and change. Beginning with sources that were part of the cultural heritage of America's Founding Fathers, the book proceeds to trace debates over the desirability and frequency of constitutional change and the adequacy of the constitutional amending process from the Revolutionary War period to the present. Included are debates over general principles, texts and discussions of individual amendments, and relevant judicial decisions. Where possible, readings are paired to show rival views; each selection is prefaced by an explanation of the reading's context and significance.
Author : Richard H. FALLON
Publisher : Harvard University Press
ISBN 13 : 0674036670
Total Pages : 199 pages
Book Rating : 4.6/5 (74 download)
Download or read book Implementing the Constitution written by Richard H. FALLON and published by Harvard University Press. This book was released on 2009-06-30 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, "Implementing the Constitution" takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. "Implementing the Constitution" bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.
Author : Lawrence G. Sager
Publisher : Yale University Press
ISBN 13 : 030012919X
Total Pages : 260 pages
Book Rating : 4.3/5 (1 download)
Download or read book Justice in Plainclothes written by Lawrence G. Sager and published by Yale University Press. This book was released on 2008-10-01 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this important book, Lawrence Sager, a leading constitutional theorist, offers a lucid understanding and compelling defense of American constitutional practice. Sager treats judges as active partners in the enterprise of securing the fundamentals of political justice, and sees the process of constitutional adjudication as a promising and distinctly democratic addition to that enterprise. But his embrace of the constitutional judiciary is not unqualified. Judges in Sager’s view should and do stop short of enforcing the whole of the Constitution; and the Supreme Court should welcome rather than condemn the efforts of Congress to pick up the slack. Among the surprising fruits of this justice-seeking account of American constitutional practice are a persuasive case for the constitutional right to secure a materially decent life and sympathy for the obduracy of the Constitution to amendment. No book can end debate in this conceptually tumultuous area; but Justice in Plainclothes is likely to help shape the ongoing debate for years to come.
Author : Edward J. Erler
Publisher : Routledge
ISBN 13 : 1317707591
Total Pages : 144 pages
Book Rating : 4.3/5 (177 download)
Download or read book The American Polity written by Edward J. Erler and published by Routledge. This book was released on 2013-12-02 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 1991. This is a collection of essays which address themselves to the American concern for constitutional government and its attendant political liberty. Against a backdrop of the current international movement towards establishing new governing orders, this work explains the principles of the American founding and the politics which established them and now flow from them.
Author : Xenophōn I. Kontiadēs
Publisher : Routledge
ISBN 13 : 041552976X
Total Pages : 490 pages
Book Rating : 4.4/5 (155 download)
Download or read book Engineering Constitutional Change written by Xenophōn I. Kontiadēs and published by Routledge. This book was released on 2013 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive comparative guide to constitutional amendment in Europe and North America. The contributions to the book are written by experts in comparative constitutional law and looks at a particular country providing a critical analysis of its constitutional revision principles, procedure, practice and developments. The volume includes a final chapter with a comparative analysis on constitutional amendment elaborating on and attempting to develop an explanatory theory regarding the points of convergence as well as the detected differentiations. Thus allowing the comparative elements interesting at an international level to emerge and be assessed.
Author : Rehan Abeyratne
Publisher : Routledge
ISBN 13 : 1000483738
Total Pages : 318 pages
Book Rating : 4.0/5 (4 download)
Download or read book The Law and Politics of Unconstitutional Constitutional Amendments in Asia written by Rehan Abeyratne and published by Routledge. This book was released on 2021-11-30 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains how the idea and practice of UCA are shaped by, and inform, constitutional politics through various social and political actors, and in both formal and informal amendment processes, across Asia. This is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia. Comprising ten case studies from across the continent, and four broader, theoretical chapters, the volume provides an interdisciplinary, comparative perspective on the rising phenomenon of unconstitutional constitutional amendments (UCA) across a range of political, legal, and institutional contexts. The volume breaks new ground by venturing beyond the courts to consider UCA not only as a judicial doctrine, but also as a significant feature of political and intellectual discourse. The book will be a valuable reference for law and political science researchers, as well as for policymakers and NGOs working in related fields. Offering broad coverage of jurisdictions in East Asia, Southeast Asia and South Asia, it will be useful to scholars and practitioners within Asia as well as to those seeking to better understand the law and politics of the region.
Author : Gary Jacobsohn
Publisher : Edward Elgar Publishing
ISBN 13 : 1784719137
Total Pages : 552 pages
Book Rating : 4.7/5 (847 download)
Download or read book Comparative Constitutional Theory written by Gary Jacobsohn and published by Edward Elgar Publishing. This book was released on 2018 with total page 552 pages. Available in PDF, EPUB and Kindle. Book excerpt: The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.
Author : Richard Albert
Publisher : Bloomsbury Publishing
ISBN 13 : 1509959106
Total Pages : 277 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Architecture of Constitutional Amendments written by Richard Albert and published by Bloomsbury Publishing. This book was released on 2023-05-18 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This innovative book blends constitutional theory with real-life political practice to explore the impact of codifying constitutional amendments on the operation of the constitution in relation to democracy, the rule of law, and the separation of powers. It draws from comparative, historical, political and theoretical perspectives to answer questions all constitutional designers should ask themselves: - Should the constitution append amendments sequentially to the end of the text? - Should it embed amendments directly into the existing text, with notations about what has been modified and how? - Should it instead insert amendments into the text without indicating at all that any alteration has occurred? The book examines the 3 major models of amendment codification – the appendative, the integrative, and the invisible models – and also shows how some jurisdictions have innovated alternative forms of amendment codification that combine elements of more than 1 model in a unique hybridisation driven by history, law, and politics. Constitutional designers rarely consider where in the constitution to codify amendments once they are ratified. Yet this choice is pivotal to the operation of any constitution. This groundbreaking book shows why the placement of constitutional amendments goes well beyond mere aesthetics. It influences how and whether a people remembers its past, how the constitutional text will be interpreted and by whom, and whether the constitution will be easily accessible to the governed. A global tour of the high stakes of constitution-making, this book features 18 diverse and outstanding scholars from around the world – across Africa, America, Asia and Oceania, and Europe – raising new questions, opening our eyes to new streams of research, and uncovering new possibilities for constitutional design.
