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How Constitutions Change


How Constitutions Change
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How Constitutions Change


How Constitutions Change
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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.



Constitutional Amendments


Constitutional Amendments
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Author : Richard Albert
language : en
Publisher: Oxford University Press
Release Date : 2019-07-15

Constitutional Amendments written by Richard Albert 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 2019-07-15 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.



Making Constitutions


Making Constitutions
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Author : Gabriel L. Negretto
language : en
Publisher: Cambridge University Press
Release Date : 2013-06-17

Making Constitutions written by Gabriel L. Negretto and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-17 with Political Science categories.


Examines constitutional change in Latin America from 1900 to 2008 and provides the first systematic explanation of the origins of constitutional designs.



Responding To Imperfection


Responding To Imperfection
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Author : Sanford Levinson
language : en
Publisher: Princeton University Press
Release Date : 1995-01-24

Responding To Imperfection written by Sanford Levinson 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 1995-01-24 with Law categories.


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. The contributors include Bruce Ackerman, Akhil Reed Amar, Mark E. Brandon, David R. Dow, Stephen M. Griffin, Stephen Holmes and Cass R. Sunstein, Sanford Levinson, Donald Lutz, Walter Murphy, Frederick Schauer, John R. Vile, and Noam J. Zohar.



Constitutional Politics


Constitutional Politics
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Author : Sotirios A. Barber
language : en
Publisher: Princeton University Press
Release Date : 2001-12-09

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 2001-12-09 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.



Constitutional Change In The Contemporary Socialist World


Constitutional Change In The Contemporary Socialist World
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Author : Ngoc Son Bui
language : en
Publisher: Oxford University Press
Release Date : 2020-07-24

Constitutional Change In The Contemporary Socialist World written by Ngoc Son Bui 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 2020-07-24 with Law categories.


After the collapse of the Soviet bloc, there are only five socialist or communist countries left in the world – China, Cuba, Laos, North Korea, and Vietnam – which constitute about one-quarter of the world’s population. Yet, there is little scholarship on their constitutions. These countries have seen varying socioeconomic changes in the decades since 1991, which have led in turn to constitutional changes. This book will investigate, from a comparative and interdisciplinary perspective, how and why the constitutional systems in these five countries have changed in the last three decades. The book then breaks the constitutional changes down into four questions: what are the substantive contents of constitutional change, what are the functions, what are the mechanisms, and what are the driving forces? These questions form a framework to process the changes the five countries have gone through, such as making new constitutions, amending current ones, introducing more rights, allowing citizens to engage in changes, enacting legislation, and defining the constitutional authority of the three state branches and their relationship with the Communist Party. While all five countries have adapted their constitutional systems, the degree, mechanisms, and influential factors are not identical and present considerable variations. This book examines and explores these differences and how they developed. Constitutional Change in the Contemporary Socialist World offers a comprehensive and holistic view of an understudied and overlooked area of constitutional law, essential for anyone studying or working in law, politics, or policy.



Cicero On Politics And The Limits Of Reason


Cicero On Politics And The Limits Of Reason
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Author : Jed W. Atkins
language : en
Publisher: Cambridge University Press
Release Date : 2013-10-17

Cicero On Politics And The Limits Of Reason written by Jed W. Atkins and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-17 with Philosophy categories.


A prolific philosopher who also held Rome's highest political office, Cicero was uniquely qualified to write on political philosophy. In this book Professor Atkins provides a fresh interpretation of Cicero's central political dialogues - the Republic and Laws. Devoting careful attention to form as well as philosophy, Atkins argues that these dialogues together probe the limits of reason in political affairs and explore the resources available to the statesman given these limitations. He shows how Cicero appropriated and transformed Plato's thought to forge original and important works of political philosophy. The book demonstrates that Cicero's Republic and Laws are critical for understanding the history of the concepts of rights, the mixed constitution and natural law. It concludes by comparing Cicero's thought to the modern conservative tradition and argues that Cicero provides a perspective on utopia frequently absent from current philosophical treatments.



The Methods Of Changing The Constitutions Of The States


The Methods Of Changing The Constitutions Of The States
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Author :
language : en
Publisher:
Release Date : 1885

The Methods Of Changing The Constitutions Of The States written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1885 with Advisory opinions categories.




Modern Constitutions


Modern Constitutions
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Author : Kenneth Clinton Wheare
language : en
Publisher:
Release Date : 1951

Modern Constitutions written by Kenneth Clinton Wheare and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1951 with Constitutional Law categories.