The Architecture of Constitutional Amendments

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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

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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.

Constitutional Amendments

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0190640480
Total Pages : 353 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, USA. This book was released on 2019 with total page 353 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.

Perfecting the Constitution

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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.

The Architecture of Constitutional Amendments

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509959092
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.

Unconstitutional Constitutional Amendments

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Author :
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 Constitutional Amendments

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Publisher : Franklin Watts
ISBN 13 : 9780531008133
Total Pages : 87 pages
Book Rating : 4.0/5 (81 download)

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Book Synopsis The Constitutional Amendments by : William Loren Katz

Download or read book The Constitutional Amendments written by William Loren Katz and published by Franklin Watts. This book was released on 1974-01-01 with total page 87 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains each of the twenty-six amendments to the Constitution.

The Foundations and Traditions of Constitutional Amendment

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509908277
Total Pages : 417 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 417 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 Authentic Constitution

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Publisher : Algora Publishing
ISBN 13 : 0875867057
Total Pages : 272 pages
Book Rating : 4.8/5 (758 download)

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Book Synopsis The Authentic Constitution by : Arthur E. Palumbo

Download or read book The Authentic Constitution written by Arthur E. Palumbo and published by Algora Publishing. This book was released on 2009 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Art Palumbo presents the origin and purpose of America's great foundational document and explores the founding principles of the American republic. He details and clarifies its provisions for the proper powers of Congress, monetary policy and taxation, the government's role in regulating commerce, in war, and in foreign policy, the right to bear arms, immigration and other hot-button issues in a way that cuts through many of the misconceptions that confuse citizens and leave them confounded.The book strictly supports "originalism," which is the idea that the Constitution should be understood in accordance with the meanings advanced by those who wrote and ratified it. However, it also takes account of how far we have gone off course and recognizes that the changes required to get us back on track again cannot be made all at once.In 2008, Alan Keyes, a Republican presidential candidate in 1996 and 2000, described the relationship between the Declaration of Independence and the Constitution of the United States in the following way: "The doctrine of unalienable rights is to the Constitution what the laws of physics are to architecture or engineering. Those laws are not repeated in every plan or architect's drawing, but they are assumed and must be respected or the results will be defective and dangerous." It is clear that the founding principles of the Declaration are intimately connected with the Constitution and it would be unwise to ignore them or the bond that the two documents share.The style of the book is scholarly, but not overly so. It is well documented and contains illustrations and tables. In several cases, documents are transcribed from the originals. The approach is generally as follows: First, an explanation of the original meaning of a particular section of the Constitution is provided. Second, the consequences of not following it are revealed. Third, a solution is offered to get the country back on course, always with a focus on returning to our founding principles and the Constitution.The Authentic Constitution (1) Provides detailed evidence to support the contention that the Fourteenth, Fifteenth, Sixteenth, and Seventeenth Amendments were not properly ratified; (2) It unreservedly supports the view that the judiciary is not the sole arbiter of the Constitution and that only the parties to the case are ever bound by a court s decision; (3) It supports the view that the Bill of Rights is applicable only to the federal government and that each state has its own enumeration of rights that is applicable to each state; (4) It maintains that complete control over immigration was never constitutionally transferred from the states to the federal government and that this transfer could only have been accomplished properly by a constitutional amendment; and (5) It supports the view that although the right of the people to keep and bear Arms, ... [cannot] be infringed (Second Amendment), it equally supports the notion that each state must maintain an active militia, composed of the armed citizenry of the state (the well regulated Militia of the Second Amendment), as the Constitution requires. 'In questions of power then let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution' - - Thomas Jefferson

Constitutional Amendments

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Publisher :
ISBN 13 :
Total Pages : 84 pages
Book Rating : 4.0/5 (13 download)

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Book Synopsis Constitutional Amendments by : United States. Congress. Senate. Committee on the Judiciary

Download or read book Constitutional Amendments written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1952 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Democracy and the Amendments to the Constitution

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Publisher :
ISBN 13 :
Total Pages : 214 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis Democracy and the Amendments to the Constitution by : Alan P. Grimes

Download or read book Democracy and the Amendments to the Constitution written by Alan P. Grimes and published by . This book was released on 1987 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study, focusing exclusively on the 26 amendments to the U.S. Constitution, brings together in one place all of the arguments both for and against these amendments, as well as points out the political forces and coalitions forging the opposing sides for each amendment. Originally published by Lexington Books, a Division of D.C. Heath, in 1978.

Constitutional Dynamics in Federal Systems

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Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773587020
Total Pages : 353 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis Constitutional Dynamics in Federal Systems by : Michael Burgess

Download or read book Constitutional Dynamics in Federal Systems written by Michael Burgess and published by McGill-Queen's Press - MQUP. This book was released on 2012-03-09 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a comprehensive view of the constitutional architecture of federations, contributors address change and development in federal states from the standpoint of constitutional revision and reform. Oftentimes change comes from the constituent units that together form a federation. With this in mind, political scientists and legal scholars from across Europe and North America address three important questions. First, what is the scope of national space - the range of discretion and autonomy in constitutional design and development - that is available to the sub-national units in federal system? Second, to what extent have the sub-national units occupied the constitutional space available to them? Third, what have been the effects of constitutional initiatives by sub-national units within their constitutional space on national constitutional development (vertical federalism), on constitutional development in other sub-national units (horizontal federalism), and on political development within their own borders? A comparative, interdisciplinary approach to constitutionalism in federal systems, this volume will be of particular interest to scholars studying federalism, comparative politics, public law, and political development. Contributors include Michael Burgess (University of Kent) and G. Alan Tarr (Rutgers University-Camden), John J. Dinan (Wake Forest University), Arthur Gunlicks (University of Richmond), Peter Bu?jäger (University of Innsbruck), Jens Woelk (University of Trento), Nicolas Schmitt (University of Fribourg), Patrick Peeters (University of Leuven), Gerald Baier (University of British Columbia), Stephen Tierney (University of Edinburgh), Carlos Viver (University of Barcelona), Francesco Palermo (University of Verona), Anneli Albi (University of Kent), Ornella Porchia (University of Turin).

The Amending of the Federal Constitution

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Publisher :
ISBN 13 : 9781258400637
Total Pages : 270 pages
Book Rating : 4.4/5 (6 download)

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Book Synopsis The Amending of the Federal Constitution by : Lester Bernhardt Orfield

Download or read book The Amending of the Federal Constitution written by Lester Bernhardt Orfield and published by . This book was released on 2012-06-01 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Proposed Amendments to the Constitution of the United States During the First Century of Its History

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Publisher : Ayer Publishing
ISBN 13 : 9780833700605
Total Pages : 442 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis The Proposed Amendments to the Constitution of the United States During the First Century of Its History by : Herman Vandenburg Ames

Download or read book The Proposed Amendments to the Constitution of the United States During the First Century of Its History written by Herman Vandenburg Ames and published by Ayer Publishing. This book was released on 1896 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Foundations and Traditions of Constitutional Amendment

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Publisher :
ISBN 13 : 9781509908288
Total Pages : pages
Book Rating : 4.9/5 (82 download)

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

Download or read book The Foundations and Traditions of Constitutional Amendment written by Richard D. Albert and published by . This book was released on 2014 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

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

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Publisher :
ISBN 13 :
Total Pages : 120 pages
Book Rating : 4.A/5 ( 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 1914 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The U.S. Constitution

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Publisher :
ISBN 13 :
Total Pages : 136 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The U.S. Constitution by : Harry A. Butowsky

Download or read book The U.S. Constitution written by Harry A. Butowsky and published by . This book was released on 1986 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: