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Amending Powers And Constitutional Amendments


Amending Powers And Constitutional Amendments
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Amending Powers And Constitutional Amendments


Amending Powers And Constitutional Amendments
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Author : Paras Diwan
language : en
Publisher:
Release Date : 1990

Amending Powers And Constitutional Amendments written by Paras Diwan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Political Science categories.




Unconstitutional Constitutional Amendments


Unconstitutional Constitutional Amendments
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Author : Yaniv Roznai
language : en
Publisher: Oxford University Press
Release Date : 2017

Unconstitutional Constitutional Amendments written by Yaniv Roznai and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.


Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.



Amending Powers And Constitutional Amendments 2nd Ed


Amending Powers And Constitutional Amendments 2nd Ed
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Author : P. Diwan
language : en
Publisher:
Release Date : 1997-01-01

Amending Powers And Constitutional Amendments 2nd Ed written by P. Diwan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997-01-01 with categories.




Amending Power Under The Constitution Of India


Amending Power Under The Constitution Of India
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Author : Sunder Raman
language : en
Publisher:
Release Date : 1990

Amending Power Under The Constitution Of India written by Sunder Raman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Constitutional amendments categories.




The Foundations And Traditions Of Constitutional Amendment


The Foundations And Traditions Of Constitutional Amendment
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Author : Richard Albert
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-07-13

The Foundations And Traditions Of Constitutional Amendment written by Richard Albert and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-13 with Law categories.


There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change. This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent scholarship in the field has been written by the scholars assembled in this volume. This book, like the field it hopes to shape, is not comparative alone; it is also doctrinal, historical and theoretical, and therefore offers a multiplicity of perspectives on a subject about which much remains to be written. This book aspires to be the first to address comprehensively the new dimensions of the study of constitutional amendment, and will become a reference point for all scholars working on the subject. The volume covers all of the topics where innovative work is being done, such as the notion of the people, the trend of empirical quantitative approaches to constitutional change, unamendability, sunrise clauses, constitutional referenda, the conventional divide between constituent and constituted powers, among other important subjects. It creates a dialogue that cuts through these innovative conceptualisations and highlights scholarly disagreement and, in so doing, puts ideas to the test. The volume therefore captures the fierce ongoing debates on the relevant topics, it reveals the current trends and contested issues, and it offers a variety of arguments elaborated by prominent experts in the field. It will open the way for further dialogue.



Ratification Of Constitutional Amendments By Popular Vote


Ratification Of Constitutional Amendments By Popular Vote
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Author : United States. Congress. Senate. Committee on the Judiciary
language : en
Publisher:
Release Date : 1938

Ratification Of Constitutional Amendments By Popular Vote written by United States. Congress. Senate. Committee on the Judiciary and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1938 with categories.




Constitution Amendment In India


Constitution Amendment In India
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Author : R. C. Bhardwaj
language : en
Publisher: Northern Book Centre
Release Date : 1995

Constitution Amendment In India written by R. C. Bhardwaj and has been published by Northern Book Centre this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Constitutional amendments categories.


Conscious of the fact that our Constitution was the product of socio-economic forces operating at the time of its enactment, the founding fathers bestowed upon the Parliament the powers under the article 368 of the Constitution to amend it with a view to bringing it in tune with the changing needs and aspirations of the people. Since we adopted the Constitution in 1950, this amending process has been working like a afety valve and has helped in reconciling with the requisites for peace and progress. This publication is a well-documented study on the nature, scope and operation of amending process of the Constitution of India. It contains a brief legislative history and a synopsis of each of the Constitution Amendment Act enacted till August 1994. A brief legislative history of the amending Bills which were either lapsed or withdrawn or removed or negatived after their introduction also forms part of the study. The texts of these Acts and Bills have been reproduced in full in the annexures give statements showing the provisions of the Constitution amended by various Amendment Acts and the number of the Constitution Amendment Bills, as introduced vis-a-vis the number of the Constitution Amendment Acts as passed and status of Bills if removed, lapsed, withdrawn or negatived. It is hoped that the study would be useful not only for Parliamentarians but for all those interested in constitutional studies.



Constitutional Amendments


Constitutional Amendments
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Author : Richard Albert
language : en
Publisher: Oxford University Press, USA
Release Date : 2019

Constitutional Amendments written by Richard Albert and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.


Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.



Proposed Constitutional Amendment


Proposed Constitutional Amendment
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Author :
language : en
Publisher:
Release Date : 1894

Proposed Constitutional Amendment written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1894 with categories.




An Unamendable Constitution


An Unamendable Constitution
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Author : Richard Albert
language : en
Publisher: Springer
Release Date : 2018-09-03

An Unamendable Constitution written by Richard Albert and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-03 with Law categories.


This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstitutional constitutional amendment traces its political foundations to France and the United States, its doctrinal origins to Germany, and it has migrated in some form to all corners of the democratic world. One can trace this paradox to the concept of constitutional unamendability. Constitutional unamendability can be understood as a formally entrenched provision(s) or an informally entrenched norm that prohibits an alteration or violation of that provision or norm. An unamendable constitutional provision is impervious to formal amendment, even with supermajority or even unanimous agreement from the political actors whose consent is required to alter the constitutional text. Whether or not it is enforced, and also by whom, this prohibition raises fundamental questions implicating sovereignty, legitimacy, democracy and the rule of law.