Temporary Constitutions

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ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Temporary Constitutions by : Ozan O. Varol

Download or read book Temporary Constitutions written by Ozan O. Varol and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The prevailing conceptions of constitutions ordinarily characterize them as rigid and long-enduring, if not permanent, documents. This Article challenges that prevailing wisdom on both descriptive and normative grounds by providing the first systematic examination of temporary constitutions, exploring their benefits as well as their costs, and providing prescriptions for their optimal use. A temporary constitution or constitutional provision, as this Article defines it, limits its own term and lapses at its expiration date unless reenacted through regular constitutional amendment procedures. Although underexplored and undertheorized, temporary constitutions have an extensive historical pedigree and neglected benefits for constitutionalism. Temporary constitutions can reduce error costs associated with entrenching a norm in a durable constitution and promote incrementalism and experimentation in constitutional design by allowing constitutional drafters to consider a greater quality and quantity of information about the empirical effects of their constitutional choices. The use of temporary constitutions can also reduce cognitive biases that tend to predominate in constitutional moments and promote consensus building among constitutional designers by lowering the decision costs involved in negotiating and reaching a constitutional bargain. Finally, temporary constitutionalism can respond to the central critique of durable constitutions by easing the “dead hand” problem, which refers to the ability of the constitutional founders to entrench norms that bind future generations. Temporary constitutions, however, can also impose their own costs on the polity by undermining constitutional stability and design efficiency, and by injecting different types of cognitive biases into the design process. This Article analyzes these costs, offers some prescriptions for minimizing them, and studies the advantages and disadvantages of temporary constitutions vis-à-vis other strategies of constitutional design intended to ease constitutional rigidity or permanence, including “by law” clauses, low amendment thresholds, and constitutional vagueness.

Provisional and Permanent Constitutions

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ISBN 13 :
Total Pages : 516 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Provisional and Permanent Constitutions by : Confederate States of America

Download or read book Provisional and Permanent Constitutions written by Confederate States of America and published by . This book was released on 1861 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt:

First Steps Toward a Modern Constitution

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ISBN 13 :
Total Pages : 116 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis First Steps Toward a Modern Constitution by : New York (State). Temporary Commission on the Revision and Simplification of the Constitution

Download or read book First Steps Toward a Modern Constitution written by New York (State). Temporary Commission on the Revision and Simplification of the Constitution and published by . This book was released on 1959 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Memorandum to the Temporary State Commission on the Constitutional Convention

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ISBN 13 :
Total Pages : 76 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Memorandum to the Temporary State Commission on the Constitutional Convention by : New York (State). Temporary State Commission on Coordination of State Activities

Download or read book Memorandum to the Temporary State Commission on the Constitutional Convention written by New York (State). Temporary State Commission on Coordination of State Activities and published by . This book was released on 1957 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Invisible Constitution in Comparative Perspective

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Publisher : Cambridge University Press
ISBN 13 : 110827885X
Total Pages : 595 pages
Book Rating : 4.1/5 (82 download)

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Book Synopsis The Invisible Constitution in Comparative Perspective by : Rosalind Dixon

Download or read book The Invisible Constitution in Comparative Perspective written by Rosalind Dixon and published by Cambridge University Press. This book was released on 2018-11-08 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.

Second Interim Report of the Temporary State Commission on the Constitutional Convention

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ISBN 13 :
Total Pages : 52 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Second Interim Report of the Temporary State Commission on the Constitutional Convention by : New York (State). Temporary Commission on the Constitutional Convention

Download or read book Second Interim Report of the Temporary State Commission on the Constitutional Convention written by New York (State). Temporary Commission on the Constitutional Convention and published by . This book was released on 1957 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Revision and simplification

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ISBN 13 :
Total Pages : 48 pages
Book Rating : 4.M/5 ( download)

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Book Synopsis Revision and simplification by : New York (State). Temporary Commission on the Constitutional Convention

Download or read book Revision and simplification written by New York (State). Temporary Commission on the Constitutional Convention and published by . This book was released on 1966 with total page 48 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Taking Back the Constitution

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Publisher : Yale University Press
ISBN 13 : 0300252900
Total Pages : 320 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Taking Back the Constitution by : Mark Tushnet

Download or read book Taking Back the Constitution written by Mark Tushnet and published by Yale University Press. This book was released on 2020-07-14 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the Supreme Court’s move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just “calling balls and strikes.” The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices’ impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism—a move that would restore to the other branches of government a role in deciding constitutional questions.

Interim Report

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ISBN 13 :
Total Pages : 24 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Interim Report by : New York (State). Temporary Commission on the Constitutional Convention

Download or read book Interim Report written by New York (State). Temporary Commission on the Constitutional Convention and published by . This book was released on 1957 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Effective Government Now for the New Century

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Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Effective Government Now for the New Century by : New York (State). Temporary State Commission on Constitutional Revision

Download or read book Effective Government Now for the New Century written by New York (State). Temporary State Commission on Constitutional Revision and published by . This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

How Constitutions Change

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Publisher : Bloomsbury Publishing
ISBN 13 : 184731788X
Total Pages : 510 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis How Constitutions Change by : Dawn Oliver

Download or read book How Constitutions Change written by Dawn Oliver and published by Bloomsbury Publishing. This book was released on 2011-08-09 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This set of essays explores how constitutions change and are changed in a number of countries, and how the 'constitution' of the EU changes and is changed. For a range of reasons, including internal and external pressures, the constitutional arrangements in many countries are changing. Constitutional change may be formal, involving amendments to the texts of Constitutions or the passage of legislation of a clearly constitutional kind, or informal and organic, as where court decisions affect the operation of the system of government, or where new administrative and other arrangements (eg agencification) affect or articulate or alter the operation of the constitution of the country, without the need to resort to formal change. The countries in this study include, from the EU, a common law country, a Nordic one, a former communist state, several civil law systems, parliamentary systems and a hybrid one (France). Chapters on non EU countries include two on developing countries (India and South Africa), two on common law countries without entrenched written constitutions (Israel and New Zealand), a presidential system (the USA) and three federal ones (Switzerland, the USA and Canada). In the last two chapters the editors conduct a detailed comparative analysis of the jurisdiction-based chapters and explore the question whether any overarching theory or theories about constitutional change in liberal democracies emerge from the study.

The Federalist Papers

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Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 420 pages
Book Rating : 4.5/5 (287 download)

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Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Constitution Making Under Occupation

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Publisher : Columbia University Press
ISBN 13 : 0231512430
Total Pages : 377 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Constitution Making Under Occupation by : Andrew Arato

Download or read book Constitution Making Under Occupation written by Andrew Arato and published by Columbia University Press. This book was released on 2009-03-13 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy. Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.

Simplifying a Complex Constitution

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ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Simplifying a Complex Constitution by : New York (State). Temporary Commission on the Revision and Simplification of the Constitution

Download or read book Simplifying a Complex Constitution written by New York (State). Temporary Commission on the Revision and Simplification of the Constitution and published by . This book was released on 1961 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Individual freedoms

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ISBN 13 :
Total Pages : 80 pages
Book Rating : 4.M/5 ( download)

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Book Synopsis Individual freedoms by : New York (State). Temporary Commission on the Constitutional Convention

Download or read book Individual freedoms written by New York (State). Temporary Commission on the Constitutional Convention and published by . This book was released on 1966 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Provisional and Permanent Constitutions

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Publisher : Forgotten Books
ISBN 13 : 9781333422929
Total Pages : 168 pages
Book Rating : 4.4/5 (229 download)

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Book Synopsis Provisional and Permanent Constitutions by : Confederate States of America

Download or read book Provisional and Permanent Constitutions written by Confederate States of America and published by Forgotten Books. This book was released on 2016-08-31 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Provisional and Permanent Constitutions: Together With the Acts and Resolutions of the First Session of the Provisional Congress of the Confederate States; 1861 We, the Deputies of the Sovereign and Independent States of South Carolina, Georgia, Florida, Alabama, Mississippi, and Louisiana, invoking the favor of Almighty God, do hereby, in behalf of these States, ordain and establish this Constitution for the Provisional Government of the same: to continue one year from the inauguration of the President, or until a permanent Constitution or Confederation between the said States shall be put in operation, whichsoever shall first occur. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Permanent States of Emergency and the Rule of Law

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Publisher :
ISBN 13 : 9781509906185
Total Pages : pages
Book Rating : 4.9/5 (61 download)

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Book Synopsis Permanent States of Emergency and the Rule of Law by : Alan Greene (Professeur de droit)

Download or read book Permanent States of Emergency and the Rule of Law written by Alan Greene (Professeur de droit) and published by . This book was released on 2018 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The ideal state of emergency -- The permanent state of emergency -- Permanent states of emergency and constituent power -- Permanent states of emergency and legal black holes -- Permanent states of emergency and legal grey holes -- Alternatives to constitutional emergency accommodation -- Resisting the permanent state of emergency