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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The Theory and Practice of Constitutional Amendment Sanford Levinson. As Washington noted, the framers of the Constitution themselves indirectly acknowledged the possibility of imperfection by including within it Article V, which ...
The Theory and Practice of Constitutional Amendment Sanford Levinson. Only the initial third through twelfth amendments were ratified by 1791, and they, of course, are now known as the Bill of Rights. Nonetheless, states sporadically ...
... constitutional amendment. Instead, the focus of this volume involves somewhat different questions, even if most of ... amendment. Everyone concedes that Article V sets out a way by which the Constitution can be changed. Is it also the ...
The Theory and Practice of Constitutional Amendment Sanford Levinson. on a canonical written text as the foundation of its legal system in favor of an unwritten constitution. This book focuses not on the general problem of change within ...
The Theory and Practice of Constitutional Amendment Sanford Levinson. through Article V. Does Article V set out only procedural hurdles that (at least some) amendments must run, or does it contain, albeit implicitly, substantive limits ...
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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 |