The Architecture Of Constitutional Amendments
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The Architecture Of Constitutional Amendments
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Author : Richard Albert
language : en
Publisher:
Release Date : 2023
The Architecture Of Constitutional Amendments written by Richard Albert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Constitutional amendments categories.
This innovative book blends constitutional theory with real-life political practice to explore the impact of codifying constitutional amendments on the operation of the constitution in relation to democracy, the rule of law, and the separation of powers. It draws from comparative, historical, political and theoretical perspectives to answer questions all constitutional designers should ask themselves: - Should the constitution append amendments sequentially to the end of the text? - Should it embed amendments directly into the existing text, with notations about what has been modified and how? - Should it instead insert amendments into the text without indicating at all that any alteration has occurred? The book examines the 3 major models of amendment codification - the appendative, the integrative, and the invisible models - and also shows how some jurisdictions have innovated alternative forms of amendment codification that combine elements of more than 1 model in a unique hybridisation driven by history, law, and politics. Constitutional designers rarely consider where in the constitution to codify amendments once they are ratified. Yet this choice is pivotal to the operation of any constitution. This groundbreaking book shows why the placement of constitutional amendments goes well beyond mere aesthetics. It influences how and whether a people remembers its past, how the constitutional text will be interpreted and by whom, and whether the constitution will be easily accessible to the governed. A global tour of the high stakes of constitution-making, this book features 18 diverse and outstanding scholars from around the world - across Africa, America, Asia and Oceania, and Europe - raising new questions, opening our eyes to new streams of research, and uncovering new possibilities for constitutional design.
The Architecture Of Constitutional Amendments
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Author : Richard Albert
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-05-18
The Architecture Of Constitutional Amendments 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 2023-05-18 with Law categories.
This innovative book blends constitutional theory with real-life political practice to explore the impact of codifying constitutional amendments on the operation of the constitution in relation to democracy, the rule of law, and the separation of powers. It draws from comparative, historical, political and theoretical perspectives to answer questions all constitutional designers should ask themselves: - Should the constitution append amendments sequentially to the end of the text? - Should it embed amendments directly into the existing text, with notations about what has been modified and how? - Should it instead insert amendments into the text without indicating at all that any alteration has occurred? The book examines the 3 major models of amendment codification – the appendative, the integrative, and the invisible models – and also shows how some jurisdictions have innovated alternative forms of amendment codification that combine elements of more than 1 model in a unique hybridisation driven by history, law, and politics. Constitutional designers rarely consider where in the constitution to codify amendments once they are ratified. Yet this choice is pivotal to the operation of any constitution. This groundbreaking book shows why the placement of constitutional amendments goes well beyond mere aesthetics. It influences how and whether a people remembers its past, how the constitutional text will be interpreted and by whom, and whether the constitution will be easily accessible to the governed. A global tour of the high stakes of constitution-making, this book features 18 diverse and outstanding scholars from around the world – across Africa, America, Asia and Oceania, and Europe – raising new questions, opening our eyes to new streams of research, and uncovering new possibilities for constitutional design.
The Architecture Of Constitutional Amendments
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READ ONLINE
Author : Richard Albert
language : en
Publisher: Bloomsbury Publishing
Release Date : 2023-05-18
The Architecture Of Constitutional Amendments 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 2023-05-18 with Law categories.
This innovative book blends constitutional theory with real-life political practice to explore the impact of codifying constitutional amendments on the operation of the constitution in relation to democracy, the rule of law, and the separation of powers. It draws from comparative, historical, political and theoretical perspectives to answer questions all constitutional designers should ask themselves: - Should the constitution append amendments sequentially to the end of the text? - Should it embed amendments directly into the existing text, with notations about what has been modified and how? - Should it instead insert amendments into the text without indicating at all that any alteration has occurred? The book examines the 3 major models of amendment codification – the appendative, the integrative, and the invisible models – and also shows how some jurisdictions have innovated alternative forms of amendment codification that combine elements of more than 1 model in a unique hybridisation driven by history, law, and politics. Constitutional designers rarely consider where in the constitution to codify amendments once they are ratified. Yet this choice is pivotal to the operation of any constitution. This groundbreaking book shows why the placement of constitutional amendments goes well beyond mere aesthetics. It influences how and whether a people remembers its past, how the constitutional text will be interpreted and by whom, and whether the constitution will be easily accessible to the governed. A global tour of the high stakes of constitution-making, this book features 18 diverse and outstanding scholars from around the world – across Africa, America, Asia and Oceania, and Europe – raising new questions, opening our eyes to new streams of research, and uncovering new possibilities for constitutional design.
The Constitutional Amendments
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Author : William Loren Katz
language : en
Publisher: Franklin Watts
Release Date : 1974-01-01
The Constitutional Amendments written by William Loren Katz and has been published by Franklin Watts this book supported file pdf, txt, epub, kindle and other format this book has been release on 1974-01-01 with Constitutional amendments categories.
Explains each of the twenty-six amendments to the Constitution.
Perfecting The Constitution
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Author : Darren Patrick Guerra
language : en
Publisher: Lexington Books
Release Date : 2013-06-10
Perfecting The Constitution written by Darren Patrick Guerra and has been published by Lexington Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-10 with Law categories.
He who can change the Constitution controls the Constitution. So who does control the Constitution? The answer has always been: “the people.” The people control the Constitution via the Article V amending process outlined in the Constitution itself. Changes can only be made through Article V and its formal procedures. Article V has always provided a means of perfecting the Constitution in an explicit, democratically authentic, prudent, and deliberative manner. In addition to changing the Constitution Article V also allowed the people to perfect and preserve their Constitution at the same time. In recent years Article V has come under attack by influential legal scholars who criticize it for being too difficult, undemocratic, and too formal. Such scholars advocate for ignoring Article V in favor of elite adaptation of the Constitution or popular amendment through national referendums. In making their case, critics also assume that Article V is an unimportant and expendable part of the Constitutional structure. One notable scholar called the Constitution “imbecilic” because of Article V. This book shows that, to the contrary, Article V is a unique and powerful extension of the American tradition of written constitutionalism. It was a logical extension of American constitutional development and it was a powerful tool used by the Federalists to argue for ratification of the new Constitution. Since then it has served as a means of “perfecting” the US Constitution for over 200 years via a wide range of amendments. Contrary to contemporary critics, the historical evidence shows Article V to be a vital element in the Constitutional architecture, not an expendable or ancillary piece. This book defends Article V against critics by showing that it is neither too difficult, undemocratic, nor too formal. Furthermore, a positive case is made that Article V remains the most clear and powerful way to register the sovereign desires of the American public with regard to alterations of their fundamental law. In the end, Article V is an essential bulwark to maintaining a written Constitution that secures the rights of the people against both elites and themselves.
Constitutional Dynamics In Federal Systems
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Author : Michael Burgess
language : en
Publisher: McGill-Queen's Press - MQUP
Release Date : 2012-03-09
Constitutional Dynamics In Federal Systems written by Michael Burgess and has been published by McGill-Queen's Press - MQUP this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-03-09 with Political Science categories.
Providing a comprehensive view of the constitutional architecture of federations, contributors address change and development in federal states from the standpoint of constitutional revision and reform. Oftentimes change comes from the constituent units that together form a federation. With this in mind, political scientists and legal scholars from across Europe and North America address three important questions. First, what is the scope of national space - the range of discretion and autonomy in constitutional design and development - that is available to the sub-national units in federal system? Second, to what extent have the sub-national units occupied the constitutional space available to them? Third, what have been the effects of constitutional initiatives by sub-national units within their constitutional space on national constitutional development (vertical federalism), on constitutional development in other sub-national units (horizontal federalism), and on political development within their own borders? A comparative, interdisciplinary approach to constitutionalism in federal systems, this volume will be of particular interest to scholars studying federalism, comparative politics, public law, and political development. Contributors include Michael Burgess (University of Kent) and G. Alan Tarr (Rutgers University-Camden), John J. Dinan (Wake Forest University), Arthur Gunlicks (University of Richmond), Peter Bu?jäger (University of Innsbruck), Jens Woelk (University of Trento), Nicolas Schmitt (University of Fribourg), Patrick Peeters (University of Leuven), Gerald Baier (University of British Columbia), Stephen Tierney (University of Edinburgh), Carlos Viver (University of Barcelona), Francesco Palermo (University of Verona), Anneli Albi (University of Kent), Ornella Porchia (University of Turin).
Constitutional Amendments
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Author : Richard Albert (Law professor)
language : en
Publisher:
Release Date : 2019
Constitutional Amendments written by Richard Albert (Law professor) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Constitutional amendments 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. 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 amendment?
The Foundations And Traditions Of Constitutional Amendment
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Author : Richard D. Albert
language : en
Publisher:
Release Date : 2014
The Foundations And Traditions Of Constitutional Amendment written by Richard D. Albert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Constitutional amendments categories.
The Law Of Article V
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Author : Robert G. Natelson
language : en
Publisher:
Release Date :
The Law Of Article V written by Robert G. Natelson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with Constitutional amendments categories.
Responding To Imperfection
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Author : Sanford Levinson
language : en
Publisher:
Release Date : 1995
Responding To Imperfection written by Sanford Levinson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.
It was a fundamental breakthrough in American constitutional theory, manifested originally in the drafting of state constitutions, that the 'rules of government' would be decidedly 'alterable' through a stipulated legal process.