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Author: Sanford Levinson
Publisher: Princeton University Press
ISBN: 1400821630
Category : Law
Languages : en
Pages : 341
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Book Description
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: Sanford Levinson
Publisher: Princeton University Press
ISBN: 1400821630
Category : Law
Languages : en
Pages : 341
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Book Description
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: Tom Ginsburg
Publisher: Cambridge University Press
ISBN: 1107020565
Category : Law
Languages : en
Pages : 407
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Book Description
Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.
![Experience the test of government: in eighteen essays, etc. [By W. Duane?] PDF](https://books.google.com/books/content/images/frontcover/XjhfAAAAcAAJ?fife=w80-h100)
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 60
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Book Description
Author: Oregon. Office of the Secretary of State
Publisher:
ISBN:
Category : Oregon
Languages : en
Pages : 232
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Book Description
Author: Yaniv Roznai
Publisher: Oxford University Press
ISBN: 0198768796
Category : Law
Languages : en
Pages : 369
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Book Description
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: Gerald N. Rosenberg
Publisher: University of Chicago Press
ISBN: 0226726681
Category : Political Science
Languages : en
Pages : 541
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Book Description
In follow-up studies, dozens of reviews, and even a book of essays evaluating his conclusions, Gerald Rosenberg’s critics—not to mention his supporters—have spent nearly two decades debating the arguments he first put forward in The Hollow Hope. With this substantially expanded second edition of his landmark work, Rosenberg himself steps back into the fray, responding to criticism and adding chapters on the same-sex marriage battle that ask anew whether courts can spur political and social reform. Finding that the answer is still a resounding no, Rosenberg reaffirms his powerful contention that it’s nearly impossible to generate significant reforms through litigation. The reason? American courts are ineffective and relatively weak—far from the uniquely powerful sources for change they’re often portrayed as. Rosenberg supports this claim by documenting the direct and secondary effects of key court decisions—particularly Brown v. Board of Education and Roe v. Wade. He reveals, for example, that Congress, the White House, and a determined civil rights movement did far more than Brown to advance desegregation, while pro-choice activists invested too much in Roe at the expense of political mobilization. Further illuminating these cases, as well as the ongoing fight for same-sex marriage rights, Rosenberg also marshals impressive evidence to overturn the common assumption that even unsuccessful litigation can advance a cause by raising its profile. Directly addressing its critics in a new conclusion, The Hollow Hope, Second Edition promises to reignite for a new generation the national debate it sparked seventeen years ago.
Author: Richard Albert
Publisher: Bloomsbury Publishing
ISBN: 1509934596
Category : Law
Languages : en
Pages : 433
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Book Description
This book, the result of a major international conference held at Yale Law School, contains contributions from leading scholars in public law who engage critically with Bruce Ackerman's path-breaking book, Revolutionary Constitutions: Charismatic Leadership and the Rule of Law. The book also features a rebuttal chapter by Ackerman in which he responds directly to the contributors' essays. Some advance Ackerman's theory, others attack it, and still others refine it – but all agree that the ideas in his book reset the terms of debate on the most important subjects in constitutionalism today: from the promise and perils of populism to the causes and consequences of democratic backsliding, from the optimal models of constitutional design to the forms and limits of constitutional amendment, and from the role of courts in politics to how we identify when the mythical 'people' have spoken. A must-read for all interested in the current state of constitutionalism.
Author: Bruce A. Ackerman
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 150
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Book Description
Bruce Ackerman and David Golove tell the story of how the Treaty Clause was displaced in the twentieth century by a modern procedure in which the House of Representatives joins the Senate in the process of consideration, and simple majorities in both Houses suffice to commit the nation. This is called the Congressional-Executive Agreement, and is a response to a seachange in public opinion during and after World War II. As American troops swept through Europe, Americans at home were anxiously remembering the Senate's rejection of the Treaty of Versailles at the end of World War I. Would America once again win the war only to lose the peace? Rather than formally amending the Treaty Clause to strip a Senate minority of its veto power, political leaders of the 1940s developed the Congressional-Executive Agreement as an alternative to the classical treaty. But is such a fundamental change valid without a formal constitutional amendment? Challenging readers to rethink their understanding of the nature of constitutional change, this book vindicates the Congressional-Executive Agreement. In doing so, it not only establishes the validity of NAFTA and other recent initiatives like the World Trade Organization, but also establishes the constitutional framework for the democratic control of American diplomacy in the years ahead.
Author: Mark McKenna
Publisher: Black Inc.
ISBN: 1743820372
Category : History
Languages : en
Pages : 144
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Book Description
Australia is on the brink of momentous change, but only if its citizens and politicians can come to new terms with the past. In this inspiring essay, Mark McKenna considers the role of history in making and unmaking the nation. From Captain Cook to the frontier wars, from Australia Day to the Uluru Statement, we are seeing fresh debates and recognitions. McKenna argues that it is time to move beyond the history wars, and that truth-telling about the past will be liberating and healing. This is an urgent essay about a nation’s moment of truth. ‘The time for pitting white against black, shame against pride, and one people’s history against another’s, has had its day. After nearly fifty years of deeply divisive debates over the country’s foundation and its legacy for Indigenous Australians, Australia stands at a crossroads – we either make the commonwealth stronger and more complete through an honest reckoning with the past, or we unmake the nation by clinging to triumphant narratives in which the violence inherent in the nation’s foundation is trivialised.’ —Mark McKenna, Moment of Truth
Author: Jeffrey K. Tulis
Publisher: Princeton University Press
ISBN: 1400836794
Category : Law
Languages : en
Pages : 360
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Book Description
Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.
