Amending Powers and Constitutional Amendments

Amending Powers and Constitutional Amendments PDF Author: Paras Diwan
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 484

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Unconstitutional Constitutional Amendments

Unconstitutional Constitutional Amendments PDF 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.

Amending Powers and Constitutional Amendments

Amending Powers and Constitutional Amendments PDF Author: Paras Diwan
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 484

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Book Description


Amending the Constitution Relative to the Taking of Private Property

Amending the Constitution Relative to the Taking of Private Property PDF Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Amendments
Publisher:
ISBN:
Category : Eminent domain
Languages : en
Pages : 24

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Book Description
Considers (83) S.J. Res. 3.

Amending Powers And Constitutional Amendments (2Nd Ed.)

Amending Powers And Constitutional Amendments (2Nd Ed.) PDF Author: P. Diwan
Publisher:
ISBN: 9788171009060
Category :
Languages : en
Pages : 480

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Constitutional Amendments

Constitutional Amendments PDF Author: Richard Albert
Publisher: Oxford University Press
ISBN: 0190640499
Category : Law
Languages : en
Pages : 320

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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.

Constitutional Amendments

Constitutional Amendments PDF 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.

Responding to Imperfection

Responding to Imperfection PDF 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.

Ratification of Constitutional Amendments by Popular Vote

Ratification of Constitutional Amendments by Popular Vote PDF Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Constitutional amendments
Languages : en
Pages : 100

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Book Description
Considers (75) S.J. Res. 134.

Constitutionalism and the Rule of Law

Constitutionalism and the Rule of Law PDF 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.

The Constitutional Amending Process in American Political Thought

The Constitutional Amending Process in American Political Thought PDF Author: John R. Vile
Publisher: Praeger
ISBN:
Category : Law
Languages : en
Pages : 232

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Book Description
This book is the first full-length work to present debates over the constitutional amending process as a perennial theme in American political thought. Beginning with a discussion of the views of political philosophers, publicists, and legal commentators who may have influenced the views of legal change held by the American Founding Fathers, the work proceeds to look at the historical influences on and discussions surrounding the amending process that was incorporated into Article V of the U.S. Constitution. The reader will gain a new respect for the way the amending process has served and still serves as a safety valve for constitutional change in the United States without permitting ill-considered or hastily conceived modifications. This work will be of interest to political scientists, historians, and students of American studies and legal history.