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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... issues surrounding constitutional change and the notion of “amendment.” Several of the papers in this volume were first presented in that venue, and others were suggested by the discussions that ensued. A key participant in two of those ...
... issue. 2. How much control does Congress possess over the process of ratification? After all, Congress extended the time for ratification of the ERA for an additional three years beyond the initially promulgated seven years. Many ...
... issue)? All of these questions are of vital importance and have spawned a significant scholarly literature.9 It is important to state at the outset, though, that this book will only tangentially touch on them. To treat them with the ...
... issue of substantive limits to constitutional amendments, including, of course, those proposed and ratified 1994), p. 133, n.1. Edelman offers an extensive discussion of Israel's struggle over a written constitution at pages 6–30, as ...
... issues that they raise. My hope is that 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 ...
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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 |