The Architecture Of Constitutional Amendments

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The Architecture of Constitutional Amendments

Author : Richard Albert
Publisher :
ISBN 13 : 9781509959112
Total Pages : 0 pages
Book Rating : 4.9/5 (591 download)

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Book Synopsis The Architecture of Constitutional Amendments by : Richard Albert

Download or read book The Architecture of Constitutional Amendments written by Richard Albert and published by . This book was released on 2023 with total page 0 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.

The Architecture of Constitutional Amendments

Author : Richard Albert
Publisher : Hart Publishing
ISBN 13 : 1509959084
Total Pages : 0 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Architecture of Constitutional Amendments by : Richard Albert

Download or read book The Architecture of Constitutional Amendments written by Richard Albert and published by Hart Publishing. This book was released on 2023-03-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book blends deep engagement with constitutional theory and close attention to real-life political practice to explore how the choices political actors make in codifying constitutional amendments exert consequences on the operation of the constitution in relation to democracy, the rule of law, and the separation of powers. It answers the following questions: - Should constitutions append amendments sequentially to the end of the text? - Should they embed amendments directly into the existing text, with notations about what has been modified and how? - Should constitutions 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 this question of central significance to the operation of constitutions: where in the constitution to codify amendments once they are ratified? This innovative book is the first to explain why the placement of constitutional amendments concerns more than mere aesthetics. It involves 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 constitutional design in every region of the world, this book features 18 contributors 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.

Perfecting the Constitution

Author : Darren Patrick Guerra
Publisher : Lexington Books
ISBN 13 : 0739183869
Total Pages : 253 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis Perfecting the Constitution by : Darren Patrick Guerra

Download or read book Perfecting the Constitution written by Darren Patrick Guerra and published by Lexington Books. This book was released on 2013-06-10 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: He who can change the Constitution controls the Constitution. So who does control the Constitution? The answer has always been: “the people.” The people control the Constitution via the Article V amending process outlined in the Constitution itself. Changes can only be made through Article V and its formal procedures. Article V has always provided a means of perfecting the Constitution in an explicit, democratically authentic, prudent, and deliberative manner. In addition to changing the Constitution Article V also allowed the people to perfect and preserve their Constitution at the same time. In recent years Article V has come under attack by influential legal scholars who criticize it for being too difficult, undemocratic, and too formal. Such scholars advocate for ignoring Article V in favor of elite adaptation of the Constitution or popular amendment through national referendums. In making their case, critics also assume that Article V is an unimportant and expendable part of the Constitutional structure. One notable scholar called the Constitution “imbecilic” because of Article V. This book shows that, to the contrary, Article V is a unique and powerful extension of the American tradition of written constitutionalism. It was a logical extension of American constitutional development and it was a powerful tool used by the Federalists to argue for ratification of the new Constitution. Since then it has served as a means of “perfecting” the US Constitution for over 200 years via a wide range of amendments. Contrary to contemporary critics, the historical evidence shows Article V to be a vital element in the Constitutional architecture, not an expendable or ancillary piece. This book defends Article V against critics by showing that it is neither too difficult, undemocratic, nor too formal. Furthermore, a positive case is made that Article V remains the most clear and powerful way to register the sovereign desires of the American public with regard to alterations of their fundamental law. In the end, Article V is an essential bulwark to maintaining a written Constitution that secures the rights of the people against both elites and themselves.

Constitutional Amendments

Author : Richard Albert
Publisher : Oxford University Press
ISBN 13 : 0190640499
Total Pages : 320 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Constitutional Amendments by : Richard Albert

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.

The Architecture of Constitutional Amendments

Author : Richard Albert
Publisher : Bloomsbury Publishing
ISBN 13 : 1509959106
Total Pages : 277 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Architecture of Constitutional Amendments by : Richard Albert

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.

New York State Constitution Annotated

Author : New York (State)
Publisher :
ISBN 13 :
Total Pages : 644 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis New York State Constitution Annotated by : New York (State)

Download or read book New York State Constitution Annotated written by New York (State) and published by . This book was released on 1915 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Amendments to the Constitution and Proposed Statutes : with Arguments Respecting the Same

Author :
Publisher :
ISBN 13 :
Total Pages : 150 pages
Book Rating : 4.:/5 (321 download)

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Book Synopsis Amendments to the Constitution and Proposed Statutes : with Arguments Respecting the Same by :

Download or read book Amendments to the Constitution and Proposed Statutes : with Arguments Respecting the Same written by and published by . This book was released on 1912 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Amendments

Author : Richard Albert (Law professor)
Publisher :
ISBN 13 : 9780190640514
Total Pages : 338 pages
Book Rating : 4.6/5 (45 download)

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Book Synopsis Constitutional Amendments by : Richard Albert (Law professor)

Download or read book Constitutional Amendments written by Richard Albert (Law professor) and published by . This book was released on 2019 with total page 338 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. 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 amendment?

Six Amendments

Author : Justice John Paul Stevens
Publisher : Little, Brown
ISBN 13 : 0316373745
Total Pages : 242 pages
Book Rating : 4.3/5 (163 download)

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Book Synopsis Six Amendments by : Justice John Paul Stevens

Download or read book Six Amendments written by Justice John Paul Stevens and published by Little, Brown. This book was released on 2014-04-22 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the first time ever, a retired Supreme Court Justice offers a manifesto on how the Constitution needs to change. By the time of his retirement in June 2010, John Paul Stevens had become the second longest serving Justice in the history of the Supreme Court. Now he draws upon his more than three decades on the Court, during which he was involved with many of the defining decisions of the modern era, to offer a book like none other. Six Amendments is an absolutely unprecedented call to arms, detailing six specific ways in which the Constitution should be amended in order to protect our democracy and the safety and wellbeing of American citizens. Written with the same precision and elegance that made Stevens's own Court opinions legendary for their clarity as well as logic, Six Amendments is a remarkable work, both because of its unprecedented nature and, in an age of partisan ferocity, its inarguable common sense.

State Constitutions for the Twenty-first Century, Volume 2

Author : Frank P. Grad
Publisher : State University of New York Press
ISBN 13 : 0791482324
Total Pages : 150 pages
Book Rating : 4.7/5 (914 download)

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Book Synopsis State Constitutions for the Twenty-first Century, Volume 2 by : Frank P. Grad

Download or read book State Constitutions for the Twenty-first Century, Volume 2 written by Frank P. Grad and published by State University of New York Press. This book was released on 2006-06-01 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional reform requires not only good ideas but also the ability to translate those ideas into language that will effectuate the drafters' aims. This book—the second of three volumes on state constitutions—is the essential guide for those involved in constitutional reform. It identifies the recurrent problems that reformers face in drafting or amending state constitutions and explores how those problems might be addressed. It also explains why drafting state constitutions is a distinctive enterprise, different from the drafting of other legal documents.

Unconstitutional Constitutional Amendments

Author : Yaniv Roznai
Publisher : Oxford University Press
ISBN 13 : 0198768796
Total Pages : 369 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Unconstitutional Constitutional Amendments by : Yaniv Roznai

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.

The Constitution of the United States

Author :
Publisher :
ISBN 13 :
Total Pages : 44 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis The Constitution of the United States by :

Download or read book The Constitution of the United States written by and published by . This book was released on 1987 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Responding to Imperfection

Author : Sanford Levinson
Publisher : Princeton University Press
ISBN 13 : 1400821630
Total Pages : 344 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Responding to Imperfection by : Sanford Levinson

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.

We the People: The Foundation & Evolution of the U.S. Constitution

Author : James Madison
Publisher : e-artnow
ISBN 13 : 8026880587
Total Pages : 903 pages
Book Rating : 4.0/5 (268 download)

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Book Synopsis We the People: The Foundation & Evolution of the U.S. Constitution by : James Madison

Download or read book We the People: The Foundation & Evolution of the U.S. Constitution written by James Madison and published by e-artnow. This book was released on 2018-01-02 with total page 903 pages. Available in PDF, EPUB and Kindle. Book excerpt: "We the People of the United States, in Order to form a more perfect Union, establish Justice, ensure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." — Preamble to the Constitution The Constitution of the United States of America is the supreme law of the United States. Empowered with the sovereign authority of the people by the framers and the consent of the legislatures of the states, it is the source of all government powers, and also provides important limitations on the government that protect the fundamental rights of United States citizens. The Constitution acted like a colossal merger, uniting a group of states with different interests, laws, and cultures. Under America's first national government, the Articles of Confederation, the states acted together only for specific purposes. The Constitution united its citizens as members of a whole, vesting the power of the union in the people. Without it, the American Experiment might have ended as quickly as it had begun. James Madison introduced 12 amendments to the First Congress in 1789. Ten of these would go on to become what we now consider to be the Bill of Rights. One was never passed, while another dealing with Congressional salaries was not ratified until 1992, when it became the 27th Amendment. Based on the Virginia Declaration of Rights, the English Bill of Rights, the writings of the Enlightenment, and the rights defined in the Magna Carta, the Bill of Rights contains rights that many today consider to be fundamental to America. Contents: The Journal of the Debates in the Convention Which Framed the Constitution of the United States Constitutional Amendment Process Measures Proposed to Amend the Constitution Congress Creates the Bill of Rights Constitution Amendments Biographies of the Founding Fathers

The Evolution of the U.S. Constitution

Author : James Madison
Publisher : e-artnow
ISBN 13 : 8026880560
Total Pages : 903 pages
Book Rating : 4.0/5 (268 download)

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Book Synopsis The Evolution of the U.S. Constitution by : James Madison

Download or read book The Evolution of the U.S. Constitution written by James Madison and published by e-artnow. This book was released on 2018-01-02 with total page 903 pages. Available in PDF, EPUB and Kindle. Book excerpt: James Madison introduced 12 amendments to the First Congress in 1789. Ten of these would go on to become what we now consider to be the Bill of Rights. One was never passed, while another dealing with Congressional salaries was not ratified until 1992, when it became the 27th Amendment. Based on the Virginia Declaration of Rights, the English Bill of Rights, the writings of the Enlightenment, and the rights defined in the Magna Carta, the Bill of Rights contains rights that many today consider to be fundamental to America. The Constitution of the United States of America is the supreme law of the United States. Empowered with the sovereign authority of the people by the framers and the consent of the legislatures of the states, it is the source of all government powers, and also provides important limitations on the government that protect the fundamental rights of United States citizens. The Constitution acted like a colossal merger, uniting a group of states with different interests, laws, and cultures. Under America's first national government, the Articles of Confederation, the states acted together only for specific purposes. The Constitution united its citizens as members of a whole, vesting the power of the union in the people. Without it, the American Experiment might have ended as quickly as it had begun. Contents: The Journal of the Debates in the Convention Which Framed the Constitution of the United States Constitutional Amendment Process Measures Proposed to Amend the Constitution Congress Creates the Bill of Rights Constitution Amendments Biographies of the Founding Fathers

The Foundations and Traditions of Constitutional Amendment

Author : Richard Albert
Publisher : Bloomsbury Publishing
ISBN 13 : 1509908277
Total Pages : 416 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Foundations and Traditions of Constitutional Amendment by : Richard Albert

Download or read book The Foundations and Traditions of Constitutional Amendment written by Richard Albert and published by Bloomsbury Publishing. This book was released on 2017-07-13 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change. This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent scholarship in the field has been written by the scholars assembled in this volume. This book, like the field it hopes to shape, is not comparative alone; it is also doctrinal, historical and theoretical, and therefore offers a multiplicity of perspectives on a subject about which much remains to be written. This book aspires to be the first to address comprehensively the new dimensions of the study of constitutional amendment, and will become a reference point for all scholars working on the subject. The volume covers all of the topics where innovative work is being done, such as the notion of the people, the trend of empirical quantitative approaches to constitutional change, unamendability, sunrise clauses, constitutional referenda, the conventional divide between constituent and constituted powers, among other important subjects. It creates a dialogue that cuts through these innovative conceptualisations and highlights scholarly disagreement and, in so doing, puts ideas to the test. The volume therefore captures the fierce ongoing debates on the relevant topics, it reveals the current trends and contested issues, and it offers a variety of arguments elaborated by prominent experts in the field. It will open the way for further dialogue.

The Law of Article V

Author : ROBERT G. NATELSON
Publisher :
ISBN 13 : 9781728867885
Total Pages : 148 pages
Book Rating : 4.8/5 (678 download)

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Book Synopsis The Law of Article V by : ROBERT G. NATELSON

Download or read book The Law of Article V written by ROBERT G. NATELSON and published by . This book was released on 2018-11-30 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: It's possible: we Americans can fix our broken federal government. Our Founders made sure of it. For 50 years, political insiders have been trying to suppress all knowledge of how to reform our government. No longer! In this book, America's leading active scholar on the constitutional amendment process reveals how we can bypass Congress to win the reforms we need. Relying on three centuries of history, over two centuries of decided case law, and vast historical and legal research, Professor Natelson answers such questions as: * How does the Constitution let us bypass Congress to get the reforms we need? * What exactly is a "convention for proposing amendments"--and what it is not? * How is the convention organized and governed? * What are the legal rules governing the process? * Which writings about the amendment process are reliable--and which are just propaganda? The Law of Article V is an indispensable guide for all Americans who love their country.