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Author: A. Lakshminath
Publisher:
ISBN: 9788176293914
Category : Constitutional amendments
Languages : en
Pages : 0
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Book Description
With special reference to India.
Author: A. Lakshminath
Publisher:
ISBN: 9788176293914
Category : Constitutional amendments
Languages : en
Pages : 0
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Book Description
With special reference to India.
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: Richard Albert
Publisher: Oxford University Press, USA
ISBN: 0190640480
Category : Law
Languages : en
Pages : 353
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Book Description
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: Kemal Gözler
Publisher: Kemal Gözler
ISBN: 9944141739
Category : Law
Languages : en
Pages : 142
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Book Description
This monograph is an attempt to answer the following questions: Can constitutional courts review the constitutionality of constitutional amendments? If yes, to what extent? It is endeavored, in a comparative perspective, to answer these questions by examining the constitutions of several countries and the case law of the Austrian, German, Hungarian, Romanian, Slovenian and Turkish Constitutional Courts, French Constitutional Council, Indian, Irish, and the United States Supreme Courts.
Author: Maurice Adams
Publisher: Cambridge University Press
ISBN: 1316883256
Category : Law
Languages : en
Pages : 559
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Book Description
Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.
Author: PRAHALAD RAO
Publisher: Blue Rose Publishers
ISBN:
Category : Law
Languages : en
Pages : 223
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Book Description
Constitution is the basic legal document of a country. The Constitution of India had undergone major evolution, changes, and interpretation by many experts, scholars, judges, etc. Among these, the judiciary played a key role in the interpretation of the Constitution. The judiciary is the custodian of the Indian Constitution and the protector of the Fundamental Rights of an individual. The basic structure doctrine depicts that the Constitution of India has certain basic features that can’t be altered or destroyed through amendments by the parliament. The Parliament has amended the Constitution many times but many of them violated the basic structure. But the Judiciary has saved the basic structure of the Constitution, thus the breakdown of the Constitution. An earnest effort is made in this book to open the eyes of the critics of the judiciary on one or the other pretext or occasion though according to the Doctrine of Separation of Powers, one organ should not interfere with any other organ of the state. That is presumed to include making unpleasant statements against another organ which the Constitution itself does not accept. There is a system of checks and balances wherein the various organs impose checks on one another by certain provisions. The present controversy between Executive and Judiciary Organs could have been well avoided; the controversy raised is in itself controversial.
Author: G. G. Mirchandani
Publisher: Abhinav Publications
ISBN: 9788170170570
Category : Constitutional amendments
Languages : en
Pages : 272
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Book Description
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Author: Sudhir Krishnaswamy
Publisher: Oxford University Press
ISBN: 0199088446
Category : Law
Languages : en
Pages : 338
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Book Description
The basic strucure doctrine articulated by the Indian Supreme Court in 1973 made it amply clear that the basic features of the Constitution must remain inviolable. The doctrine has generatd serious debates ever since as it placed substantive and procedural limits on the amending powers of the Execuive. Despite the lack of clarity as to its nature, the scope of the doctrine has been broadened in recent years, and a wide range of state actions are covered in its purview. In this book, Krishnaswamy analyses its legitimacy in legal, moral and sociological terms, and argues that the doctrine has emerged from a valid interpretation of the constituitional provisions. This book will be of interest to scholars of Indian Constitutional law, political theory and jurisprudence as well as judges and legal practitioners.
Author: Richard Albert
Publisher: Springer
ISBN: 3319951416
Category : Law
Languages : en
Pages : 389
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Book Description
This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.
Author: M. K. Bhandari
Publisher:
ISBN: 9788171005062
Category : Constitutional amendments
Languages : en
Pages : 384
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Book Description
