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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... Limits on the Constitutional Amending Process John R. Vile ix 13 37 63 89 117 145 163 191 Ten The “Original” Thirteenth Amendment and the Limits to Formal Contents.
... Limits to Formal Constitutional Change Mark E. Brandon Eleven Toward a Theory of Constitutional Amendment Donald S. Lutz Twelve The Politics of Constitutional Revision in Eastern Europe Stephen Holmes and Cass R. Sunstein Thirteen ...
... limit? This question was made decidedly nonhypothetical in regard to what was originally the second of the twelve amendments proposed by Congress in 1789, which required an intervening election before a congressional pay raise could ...
... limits for ratification, who should give them? The courts? Congress? (To name only two candidates.) 5. What if the states do in fact coordinately call for a new constitutional convention? Could its agenda be limited to any given topics ...
... 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 does Gary Jeffrey ...
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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 |