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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... basic questions within any jurisprudential system will be, first, the substantive criteria by which one in fact defines imperfection and, then, the procedural means by which one responds to any such recognitions.7 How does (or should) ...
... basic laws” passed by the Knesset. On Great Britain, see Vernon Bogdanor, “Britain: The Political Constitution,” and Roger Morgan, “The European Community: The Constitution of a 'Would-Be Polity' (1957),” in Vernon Bogdanor, ed ...
... basic notion of “constitutionalism” itself? Walter Murphy presents the case for inherent limitation, drawing in part on the constitutional experience of Germany and India in regard to similar questions. Mark Brandon presents a case ...
... basic protection; he does not, however, address the point that if section 9 is in fact “necessary” in order to prevent such legislation, then the Wilson-Hamilton argument fails. Many opponents of the Constitution were quick to draw such ...
... basic notions that structure our thought even as they are constantly subject to conceptual revision and “deconstructive” analysis. The philosophy from which such an approach is drawn is what has come to be called nonfoundational ...
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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 |