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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... Constitutionalism in the United States: From Theory to Politics Stephen M. Griffin Four Higher Lawmaking Bruce Ackerman Five Popular Sovereignty and Constitutional Amendment Akhil Reed Amar Six The Plain Meaning of Article V David R ...
... Constitutionalism in Israel and the United States (Princeton: Princeton University Press, 1993), pp. 124–35. It is arguable that the United Kingdom is gaining a de facto written constitution as the result of its submission to the ...
... 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 study of the ...
... they will be viewed as helpful goads to a long overdue theoretical exploration that will take us to the very heart of the enterprise of constitutionalism. Two How Many Times Has the United States Constitution Been 11 INTRODUCTION.
... constitutionalism. It is hard to find anyone who is truly willing to reject it, given that the alternative seems to be a dead Constitution, an option that has few, if any, public supporters. Still, as Justice Rehnquist once said, “The ...
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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 |