The Architecture Of Constitutional Amendments
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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.
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.
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.
Constitutional Amendments
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Author : Richard Albert
language : en
Publisher:
Release Date : 2019
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 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. 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 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.
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.
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.
Asian Comparative Constitutional Law Volume 2
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Author : Ngoc Son Bui
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-08-22
Asian Comparative Constitutional Law Volume 2 written by Ngoc Son Bui and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-22 with Law categories.
This is the second in a 4-volume set that provides the definitive account of the major issues of comparative constitutional law in Asian jurisdictions. Volume 2 looks at constitutional amendments and offers answers to questions about the formal rules for amending the constitution such as: - Who initiates an amendment proposal? - How is the amendment proposal adopted? - How are the amendments codified? and the neo-institutional questions regarding amendment practices such as: - Why is the constitution amended? - Who engages in the amendment process? - How does the amendment affect the political system and the society? Volume 2 covers 17 Asian jurisdictions including: Bangladesh, Cambodia, mainland China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan and Thailand.
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.
Constitutional Amendment In Canada
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Author : Emmett Macfarlane
language : en
Publisher: University of Toronto Press
Release Date : 2016-01-01
Constitutional Amendment In Canada written by Emmett Macfarlane and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-01 with Law categories.
Constitutional Amendment in Canada is the first volume to focus solely on the implications of the amending formula in Canada.