Creating Constitutional Change
DOWNLOAD
Download Creating Constitutional Change PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get Creating Constitutional Change book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
Creating Constitutional Change
DOWNLOAD
Author : Gregg Ivers
language : en
Publisher: University of Virginia Press
Release Date : 2004
Creating Constitutional Change written by Gregg Ivers and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
"Because the justices of the U.S. Supreme Court interpret the Constitution, their decisions can create constitutional change. For quite some time, general readers interested in understanding those changes have not had access to a concise volume that explores the major decisions through which those changes occur. In order to make a wide range of decisions more comprehensible, Gregg Ivers and Kevin T. McGuire commissioned twenty-four outstanding scholars to write essays on a selected series of Supreme Court cases. Chosen for their contemporary relevance, most of the cases addressed in this informative reader are from the last half-century, extending right up through Bush v. Gore and the 2003 Michigan affirmative actions cases"--Unedited summary from paperback cover.
Constitutional Amendments
DOWNLOAD
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.
Participatory Constitutional Change
DOWNLOAD
Author : Xenophon Contiades
language : en
Publisher: Taylor & Francis
Release Date : 2016-10-04
Participatory Constitutional Change written by Xenophon Contiades and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-04 with Law categories.
This book explores the recent trend of enhancing the role of the people in constitutional change. It traces the reasons underlying this tendency, the new ways in which it takes form, the possibilities of success and failure of such ventures as well as the risks and benefits it carries. To do so, it examines the theoretical aspects of public participation in constitutional decision-making, offers an analysis of the benefits gained and the problems encountered in countries with long-standing experience in the practice of constitutional referendums, discusses the recent innovative constitution-making processes employed in Iceland and Ireland in the post financial crisis context and probes the use of public participation in the EU context. New modes of deliberation are juxtaposed to traditional direct-democratic processes, while the reasons behind this re-emergence of public involvement narratives are discussed from the aspect of comparative constitutional design. The synthetic chapter offers an overview of the emerging normative and comparative issues and provides a holistic approach of the role of the people in constitutional change in an attempt to answer when, where and how this role may be successfully enhanced. The work consists of material specifically written for this volume, and authored by prominent constitutional scholars and experts in public participation and deliberative processes.
Reconstituting The Constitution
DOWNLOAD
Author : Caroline Morris
language : en
Publisher: Springer Science & Business Media
Release Date : 2011-09-01
Reconstituting The Constitution written by Caroline Morris and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-01 with Law categories.
All nation states, whether ancient or newly created, must examine their constitutional fundamentals to keep their constitutions relevant and dynamic. Constitutional change has greater legitimacy when the questions are debated before the people and accepted by them. Who are the peoples in this state? What role should they have in relation to the government? What rights should they have? Who should be Head of State? What is our constitutional relationship with other nation states? What is the influence of international law on our domestic system? What process should constitutional change follow? In this volume, scholars, practitioners, politicians, public officials, and young people explore these questions and others in relation to the New Zealand constitution and provide some thought-provoking answers. This book is recommended for anyone seeking insight into how a former British colony with bicultural foundations is making the transition to a multicultural society in an increasingly complex and globalised world.
Routledge Handbook Of Comparative Constitutional Change
DOWNLOAD
Author : Xenophon Contiades
language : en
Publisher: Routledge
Release Date : 2020-06-11
Routledge Handbook Of Comparative Constitutional Change written by Xenophon Contiades and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-11 with Law categories.
Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.
Great And Extraordinary Occasions
DOWNLOAD
Author : Citizens for the Constitution
language : en
Publisher: New York : Century Foundation Press
Release Date : 1999
Great And Extraordinary Occasions written by Citizens for the Constitution and has been published by New York : Century Foundation Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Constitutional amendments categories.
Judicial Law Making In European Constitutional Courts
DOWNLOAD
Author : Monika Florczak-Wątor
language : en
Publisher: Routledge
Release Date : 2020-05-07
Judicial Law Making In European Constitutional Courts written by Monika Florczak-Wątor and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-07 with Law categories.
This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined. The book covers the analysis of the law-making activity of four constitutional courts in Western countries: Germany, Italy, Spain, and France; and six constitutional courts in Central–East European countries: Poland, Hungary, the Czech Republic, Slovak Republic, Latvia, and Bulgaria; as well as two international courts: the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The work thus identifies the mutual interactions between national constitutional courts and international tribunals in terms of their law-making activity. The chosen countries include constitutional courts which have been recently captured by populist governments and subordinated to political powers. Therefore, one of the purposes of the book is to identify the change in the law-making activity of those courts and to compare it with the activity of constitutional courts from countries in which democracy is not viewed as being under threat. Written by national experts, each chapter addresses a series of set questions allowing accessible and meaningful comparison. The book will be a valuable resource for students, academics, and policy-makers working in the areas of constitutional law and politics.
Constitutional Politics
DOWNLOAD
Author : Sotirios A. Barber
language : en
Publisher: Princeton University Press
Release Date : 2021-03-09
Constitutional Politics written by Sotirios A. Barber and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-09 with Law categories.
What does it mean to have a constitution? Scholars and students associated with Walter Murphy at Princeton University have long asked this question in their exploration of constitutional politics and judicial behavior. These scholars, concerned with the making, maintenance, and deliberate change of the Constitution, have made unique and significant contributions to our understanding of American constitutional law by going against the norm of court-centered and litigation-minded research. Beginning in the late 1970s, this new wave of academics explored questions ranging from the nature of creating the U.S. Constitution to the philosophy behind amending it. In this collection, Sotirios A. Barber and Robert P. George bring together fourteen essays by members of this Princeton group--some of the most distinguished scholars in the field. These works consider the meaning of having a constitution, the implications of particular choices in the design of constitutions, and the meaning of judicial supremacy in the interpretation of the Constitution. The overarching ambition of this collection is to awaken a constitutionalist consciousness in its readers--to view themselves as potential makers and changers of constitutions, as opposed to mere subjects of existing arrangements. In addition to the editors, the contributors are Walter F. Murphy, John E. Finn, Christopher L. Eisgruber, James E. Fleming, Jeffrey K. Tulis, Suzette Hemberger, Stephen Macedo, Sanford Levinson, H. N. Hirsch, Wayne D. Moore, Keith E. Whittington, and Mark E. Brandon.
Revolution Transition Memory And Oblivion
DOWNLOAD
Author : Martin Belov
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-12-25
Revolution Transition Memory And Oblivion written by Martin Belov and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-25 with Law categories.
This timely book offers a novel theory of constitutional revolutions, providing a new and engaging framework for critically assessing how revolutions and contra-revolutions, transitional periods and the phenomenon of oblivion influence constitutional change.
How Constitutions Change
DOWNLOAD
Author : Dawn Oliver
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-08-09
How Constitutions Change written by Dawn Oliver and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-08-09 with Law categories.
This set of essays explores how constitutions change and are changed in a number of countries, and how the 'constitution' of the EU changes and is changed. For a range of reasons, including internal and external pressures, the constitutional arrangements in many countries are changing. Constitutional change may be formal, involving amendments to the texts of Constitutions or the passage of legislation of a clearly constitutional kind, or informal and organic, as where court decisions affect the operation of the system of government, or where new administrative and other arrangements (eg agencification) affect or articulate or alter the operation of the constitution of the country, without the need to resort to formal change. The countries in this study include, from the EU, a common law country, a Nordic one, a former communist state, several civil law systems, parliamentary systems and a hybrid one (France). Chapters on non EU countries include two on developing countries (India and South Africa), two on common law countries without entrenched written constitutions (Israel and New Zealand), a presidential system (the USA) and three federal ones (Switzerland, the USA and Canada). In the last two chapters the editors conduct a detailed comparative analysis of the jurisdiction-based chapters and explore the question whether any overarching theory or theories about constitutional change in liberal democracies emerge from the study.