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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... Sanford Levinson. TO THE MEMORY OF Judith Shklar WHO FEARLESSLY ANALYZED THE MEANING OF LEGALISM IN THE LATE TWENTIETH CENTURY Contents Acknowledgments One Introduction: Imperfection and Amendability Sanford Levinson 3.
... century by William Marbury and Selden Bacon before being revived more recently by Murphy and a group of contemporary scholars. Our difficulties are not over, though, even if, by conceding that a particular change does not constitute a ...
... century history is John Marshall's opinion upholding the constitutionality of the Second Bank of the United States in McCulloch v. Maryland.27 Although it concerned only the second Bank—the first Bank had expired in 1811—I think it is ...
... century constitutional theory was the limitation of the national government only to its assigned powers, another was the basically plenary powers of the states, which indeed made it crucial to establish bills of rights in state ...
... century, and we want to make a clarion call that women and men are equal before the law, just as every modern human rights document does since 1970.” I'd like to see that statement made just that way in the United States constitution ...
Other editions - View all
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 |