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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... Molding of Meaning Noam J. Zohar Appendix: Amending Provisions of Selected New Constitutions in Eastern Europe Contributors Index 215 237 275 307 319 325 327 Acknowledgments I AM GRATEFUL to various program chairs of the viii CONTENTS.
... provisions much more popular by definition meant that the chances of passing the former were raised significantly as compared with its prospects if considered entirely alone. See Amar, βThe Bill of Rights as a Constitution,β Yale Law ...
... the House of Representives on June 8, 1789. 52 National League of Cities v. Usery, 426 U.S. 833, 842 (1976) (emphasis added). strictive' provisions,β53 which seems logically to imply that whatever the 29 ACCOUNTING FOR CHANGE.
The Theory and Practice of Constitutional Amendment Sanford Levinson. strictive' provisions,β53 which seems logically to imply that whatever the function of the former, it is not to change the preexisting legal reality. Imagine, then ...
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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 |