Author: Mary Helen Wilson
Publisher:
ISBN:
Category : Constitutional amendments
Languages : en
Pages : 80

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Author: Jeffrey A. Lenowitz
Publisher: Oxford University Press
ISBN: 019259348X
Category : Law
Languages : en
Pages : 401

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Book Description
This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely recommended by experts. Nonetheless, it is neither neutral nor inevitable. Constitutions can be made without it and when it is used it has significant effects. This raises the central question of the book: should ratification be recommended? Put another way: is there a reason for treating the procedure as a default for the constitution-making process? Surprisingly, these questions are rarely asked. The procedure's worth is assumed, not demonstrated, while ratification is generally overlooked in the literature. In fact, this is the first sustained study of ratification. To address these oversights, this book defines ratification and its types, explains the procedure's effects, conceptual origins, and history, and then concentrates on finding reasons for its use. Specifically, it builds up and analyzes the three most likely normative justifications. These urge the implementation of ratification because the procedure: enables the constituent power to make its constitution; fosters representation during constitution-making; or helps create a legitimate constitution. Ultimately, these justifications are found wanting, leading to the conclusion that ratification lacks a convincing, context-independent justification. Thus, until new arguments are developed, experts should not give recommendations for ratification as a matter of course, practitioners should not reach for it uncritically, and-more generally-one should avoid the blanket application of concepts from democratic theory to extraordinary contexts such as constitution-making.

Author: United States. Bureau of the Census
Publisher:
ISBN:
Category : Local government
Languages : en
Pages : 454

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Author: Alaska Legislative Affairs Agency
Publisher:
ISBN: 9781304117380
Category :
Languages : en
Pages :

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Author:
Publisher:
ISBN:
Category : Constitutional conventions
Languages : en
Pages : 80

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Author: Gordon E. Baker
Publisher:
ISBN:
Category : Apportionment (Election law)
Languages : en
Pages : 570

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Author: Kermit L. Hall
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 728

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Author: Jim Schneider
Publisher:
ISBN:
Category : Constitutional amendments
Languages : en
Pages : 52

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Author: Edo Quiko
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 76

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Author: Joan Schmitz Bergholt
Publisher: Springer
ISBN: 1475769067
Category : Political Science
Languages : en
Pages : 828

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