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. |
From inside the book
Results 1-5 of 47
... especially is insistent that such a narrative is available, and he sketches its outlines in his essay. We should be aware, though, that one need not address the conundrums posed by Griffin or, especially, Ackerman unless we first ...
... especially difficult even to concede the presence of genuine “amendment” (in contrast to more incremental “change” legitimated by reference back to enduring foundational materials). If, as Madison exemplifies, it is sometimes difficult ...
... especially when coupled with developmental or evolutionary notions—is one of the central metaphors, not to say clichés, of American constitutionalism. It is hard to find anyone who is truly willing to reject it, given that the ...
... been proposed to invite Queen Victoria or the Emperor Franz Josef to rule. 22 See Gene Nichol, “Constitutional Judgment,” Michigan Law Review 91 (1993): 1. It is, especially if the result of a judicial 19 ACCOUNTING FOR CHANGE.
... especially if the result of a judicial decision, simply a recognition, called “interpretation,” of what was already immanent within the existing body of legal materials; 2. it is, whether a statute passed by a legislature, an executive ...
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 |