Responding to Imperfection: The Theory and Practice of Constitutional AmendmentSanford Levinson 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. |
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... deal with secular constitutions, whether those of the American states or of foreign countries. Zohar, of course, deals with an explicitly sacred legal system, where it may be especially difficult even to concede the presence of genuine ...
... Deal era the fact of judicial amendment has become commonplace” (p. 415, n. 3). See also the essay by Donald Lutz in this volume, where he argues, altogether plausibly, that a constitutional structure that makes formal amendment too ...
... Deal historiography by which the decisions of 1937 were simply restorations of the initial (and presumptively ... Deal as a structural amendment to the Constitution . . . [,] we think it is more accurate to see the New Deal as a product ...
... Deal Court,” he refuses to “concede its legitimacy.”68 One might think, then, that Bork, were he on the Supreme Court, would refuse to recognize those putatively unconstitutional developments and, in order to return to the proper ...
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Responding to Imperfection: The Theory and Practice of Constitutional Amendment Sanford Levinson No preview available - 1995 |
Responding to Imperfection: The Theory and Practice of Constitutional Amendment Sanford Levinson No preview available - 1995 |