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Author: Xenophon Contiades
Publisher: Routledge
ISBN: 1351020978
Category : Law
Languages : en
Pages : 469
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Book Description
Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.
Author: Xenophon Contiades
Publisher: Routledge
ISBN: 1351020978
Category : Law
Languages : en
Pages : 469
Get Book Here
Book Description
Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.
Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Category : Law
Languages : en
Pages : 681
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Book Description
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author: Oregon. Office of the Secretary of State
Publisher:
ISBN:
Category : Oregon
Languages : en
Pages : 232
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Book Description
Author: Ágúst Þór Árnason
Publisher: Routledge
ISBN: 1351031880
Category : Law
Languages : en
Pages : 285
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Book Description
This collection documents, analyses, and reflects on the Icelandic constitutional reform between 2009 and 2017. It offers a unique insight into this process by providing first-hand accounts of its different stages and core issues. Its 12 substantive chapters are written by the main actors in the reform, including the Chair of the Constitutional Council that drafted the 2011 Proposal for a New Constitution. Part I opens with an address by the President of the Republic and positions the constitutional reform in its full complexity and longer-term perspective, going beyond the frequent portrayal of that process in international discussion as being solely a result of the 2008 financial crisis. Part II offers a nuanced and contextualised reflection on Iceland’s innovative approach to consultation and drafting involving lay participants, including its twenty-first-century digital take on ‘the people,’ which attracted international attention as ‘crowdsourcing.’ Part III analyses the main constitutional amendment proposals, and focuses on natural resources and environmental protection, which lie at the heart of Iceland’s identity. The final part reflects on the reform’s wider significance and includes an interview with the current Prime Minister, who is now taking the reform forward. The volume provides a basis for reflection on a groundbreaking constitutional reform in a democratic context. This long and complex process has challenged and transformed the ways in which constitutional change can be approached, and the collection is an invitation to discuss further the practical and theoretical dimensions of Iceland’s experience and their far-reaching implications.
Author: Stephen M. Griffin
Publisher: University Press of Kansas
ISBN: 0700621229
Category : Political Science
Languages : en
Pages : 216
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Book Description
Variously and roundly perceived as gridlocked, incompetent, irresponsible, and corrupt, American government commands less respect and trust today than perhaps at any time in the nation's history. But the dysfunction in government that we like so little, along with the policy disasters it engenders, is in fact a product of that deep and persistent distrust, Stephen M. Griffin contends in Broken Trust, an accessible work of constitutional theory and history with profound implications for our troubled political system. Undertaken with a deep concern about the way our government is performing, Broken Trust makes use of the debate over dysfunctional government to uncover significant flaws in the conventional wisdom as to how the Constitution works. Indeed, although Americans strongly believe that our government is dysfunctional, they are just as firmly convinced that the Constitution still works well. Griffin questions this conviction by examining how recent policy disasters—such as the 9/11 terrorist attacks, the response to Hurricane Katrina, and the 2008 financial crisis—are linked to our constitutional system. This leads him to pose the question of whether the government institutions we have inherited from the eighteenth century are poor fits for contemporary times. Griffin argues that understanding the decline of trust in government requires investigating the historical circumstances of the last several decades as well as the constitutional experience of the states. In particular, he examines “hybrid democracy,” the form of constitutionalism prevailing in California and other western states that combines Madisonian-style representative government with direct democracy. Hybrid democracy offers valuable lessons relevant to our contemporary difficulties with dysfunctional government at the national level. These lessons underpin the agenda for reform that Griffin then proposes, emphasizing democratic innovations aimed at producing both more effective government and greater trust in our political institutions. Building on a better understanding of the sources and consequences of government dysfunction, his book holds genuine hope, as well as practical possibilities, for the repair of our broken political and constitutional system.
Author: G. Alan Tarr
Publisher: SUNY Press
ISBN: 9780791467121
Category : Political Science
Languages : en
Pages : 384
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Book Description
Nationally recognized experts analyze how states deal with major constitutional issues.
Author: John F. Kowal
Publisher: The New Press
ISBN: 1620975629
Category : Law
Languages : en
Pages : 493
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Book Description
The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.
Author: Rodney Brazier
Publisher: Oxford University Press, USA
ISBN: 9780198765233
Category : Law
Languages : en
Pages : 197
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Book Description
The second edition of Constitutional Reform examines central government, Parliament, and the judiciary in Britain and proposes an agenda for reform. The stress remains on suggestions which might stand a fair chance of being implemented. Topics covered include the limitations on the scope forconstitutional reform; new methodology for constitutional change; parliamentary democracy and voting reform; the second chamber; the reduction of ministerial power; the transfer of certain royal powers to Parliament; and the reform of the judiciary.Also including a new chapter on the Labour Government's plans for the British constitution, this book provides the reader with comprehensive coverage of constitutional change in Britain at the new millennium.
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: Larry J. Sabato
Publisher: Bloomsbury Publishing USA
ISBN: 0802777562
Category : History
Languages : en
Pages : 353
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Book Description
"The reader can't help but hold out hope that maybe someday, some of these sweeping changes could actually bring the nation's government out of its intellectual quagmire...his lively, conversational tone and compelling examples make the reader a more than willing student for this updated civics lesson." --The Hill The political book of the year, from the acclaimed founder and director of the Center for politics at the University of Virginia. A More Perfect Constitution presents creative and dynamic proposals from one of the most visionary and fertile political minds of our time to reinvigorate our Constitution and American governance at a time when such change is urgently needed, given the growing dysfunction and unfairness of our political system . Combining idealism and pragmatism, and with full respect for the original document, Larry Sabato's thought-provoking ideas range from the length of the president's term in office and the number and terms of Supreme Court justices to the vagaries of the antiquated Electoral College, and a compelling call for universal national service-all laced through with the history behind each proposal and the potential impact on the lives of ordinary people. Aware that such changes won't happen easily, but that the original Framers fully expected the Constitution to be regularly revised, Sabato urges us to engage in the debate and discussion his ideas will surely engender. During an election year, no book is more relevant or significant than this.
