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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... least by giving me the opportunity to teach a seminar on the metatheory of constitutional amendment. My secretary, Cheryl Harris, is unending in her conscientiousness and good cheer, which made preparation of the final manuscript much ...
... least as long again as the one you now hold in your hands, and this, for better or worse, seemed inadvisable. This book, then, is not principally about what might be termed the “internal” structure of Article V, that is, the basically ...
... least descriptively, then the next question is whether these changes can be embedded within a legal-historical narrative that allows us to accept them as legitimate, with a legal integrity equal to those (other) amendments that have ...
... least some) amendments must run, or does it contain, albeit implicitly, substantive limits on what can legitimately be viewed as part of the American constitutional system? It was the very possibility that Article V was reducible to ...
... least to the body of materials conventionally regarded as within the ambit of the committed constitutionalist.8 “Amendments,” however, are something else. Perhaps the simplest way of conceptualizing what we mean by. but they had an ...
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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 |