Creating Constitutional Change

Author : Gregg Ivers,Kevin T. McGuire
Publisher : University of Virginia Press
Page : 372 pages
File Size : 44,6 Mb
Release : 2004
Category : Law
ISBN : 0813923034

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Creating Constitutional Change by Gregg Ivers,Kevin T. McGuire Pdf

"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.

Author : Xenophon Contiades,Alkmene Fotiadou
Publisher : Routledge
Page : 469 pages
File Size : 45,5 Mb
Release : 2020-06-11
Category : Law
ISBN : 9781351020978

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Routledge Handbook of Comparative Constitutional Change by Xenophon Contiades,Alkmene Fotiadou Pdf

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.

Author : Xenophon Contiades,Alkmene Fotiadou
Publisher : Taylor & Francis
Page : 212 pages
File Size : 46,6 Mb
Release : 2016-10-04
Category : Law
ISBN : 9781317083894

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Participatory Constitutional Change by Xenophon Contiades,Alkmene Fotiadou Pdf

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.

Author : Caroline Morris,Jonathan Boston,Petra Butler
Publisher : Springer Science & Business Media
Page : 513 pages
File Size : 42,7 Mb
Release : 2011-09-01
Category : Law
ISBN : 3642215726

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Reconstituting the Constitution by Caroline Morris,Jonathan Boston,Petra Butler Pdf

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.

Author : Emmett Macfarlane
Publisher : UBC Press
Page : 228 pages
File Size : 49,5 Mb
Release : 2021-04-01
Category : Law
ISBN : 9780774866248

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Constitutional Pariah by Emmett Macfarlane Pdf

The Canadian Senate has long been considered an institutional pariah, viewed as an undemocratic, outmoded warehouse for patronage appointments and mired in spending and workload scandals. In 2014, the federal government was compelled to refer constitutional questions to the Supreme Court relating to its attempts to enact senatorial elections and term limits. Constitutional Pariah explores the aftermath of Reference re Senate Reform, which barred major unilateral alteration of the Senate by Parliament. Ironically, the decision resulted in one of the most sweeping parliamentary reforms in Canadian history, creating a pathway to informal changes in the appointments process that have curbed patronage and partisanship. Despite reinvigorating the Senate, Reference re Senate Reform has far-reaching implications for constitutional reform in other contexts. Macfarlane’s sharp critique suggests that the Court’s nebulous approach to the amending formula raises the spectre of a frozen constitution, unable to evolve with the country.

Author : Martin Belov,Antoni Abat i Ninet
Publisher : Edward Elgar Publishing
Page : 264 pages
File Size : 50,7 Mb
Release : 2020-12-25
Category : Law
ISBN : 9781800370531

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Revolution, Transition, Memory, and Oblivion by Martin Belov,Antoni Abat i Ninet Pdf

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.

Author : Sotirios A. Barber,Robert P. George
Publisher : Princeton University Press
Page : 349 pages
File Size : 42,7 Mb
Release : 2021-03-09
Category : Law
ISBN : 9780691227443

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Constitutional Politics by Sotirios A. Barber,Robert P. George Pdf

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.

Author : Richard Albert
Publisher : Oxford University Press, USA
Page : 353 pages
File Size : 43,6 Mb
Release : 2019
Category : Law
ISBN : 9780190640484

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Constitutional Amendments by Richard Albert Pdf

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.

Author : Anonim
Publisher : Unknown
Page : 414 pages
File Size : 54,6 Mb
Release : 2016
Category : Constitutional conventions
ISBN : 1579694977

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Making a Modern Constitution by Anonim Pdf

Author : Emmett Macfarlane
Publisher : University of Toronto Press
Page : 348 pages
File Size : 44,9 Mb
Release : 2016-01-01
Category : Law
ISBN : 9781442628731

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Constitutional Amendment in Canada by Emmett Macfarlane Pdf

Constitutional Amendment in Canada is the first volume to focus solely on the implications of the amending formula in Canada.

Author : Dawn Oliver,Carlo Fusaro
Publisher : Bloomsbury Publishing
Page : 510 pages
File Size : 41,9 Mb
Release : 2011-08-09
Category : Law
ISBN : 9781847316684

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How Constitutions Change by Dawn Oliver,Carlo Fusaro Pdf

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.

Author : Keith G Banting,Richard Simeon
Publisher : Palgrave Macmillan
Page : 282 pages
File Size : 42,9 Mb
Release : 1985-06-23
Category : Political Science
ISBN : UOM:39015018620149

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The Politics of Constitutional Change in Industrial Nations by Keith G Banting,Richard Simeon Pdf

During the last two decades serious attempts to alter basic constitutional structures have taken place in many industrial nations, even in those often thought to have highly stable political institutions. In some cases, such as Belgium and Spain, far-reaching constitutional changes have been put in place; in others advocates of reform have achieved only partial victories or have been entirely frustrated. In all cases, controversy over the constitution has been intense, involving basic conceptions of legitimacy, representation, sovereignty and the purposes of the state. Constitutional politics often reveals much about political life of modern societies that is obscured in day-to-day events. The results of constitutional changes can significantly affect the distribution of power, the ability to manage conflict and the outcomes of policy debates. This book explores the dynamics of constitutional politics through case studies of Spain, Belgium, Canada, the United Kingdom, the United States, West Germany and Eastern Europe, including Poland, prepared by leading students of these countries. Other chapters draw out the more general patterns of constitutional politics, highlighting the pressures which lead to change, and the formidable obstacles confronting them.

Author : Anonim
Publisher : Unknown
Page : 164 pages
File Size : 49,6 Mb
Release : 2001
Category : Electronic
ISBN : OCLC:248265417

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A Consolidation of the Constitution Acts 1867 to 1982 by Anonim Pdf

Author : Sanford Levinson
Publisher : Princeton University Press
Page : 344 pages
File Size : 40,6 Mb
Release : 1995-01-24
Category : Law
ISBN : 9781400821631

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Responding to Imperfection by Sanford Levinson Pdf

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.

Author : Monika Florczak-Wątor
Publisher : Routledge
Page : 249 pages
File Size : 46,7 Mb
Release : 2020-05-07
Category : Law
ISBN : 9781000062250

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Judicial Law-Making in European Constitutional Courts by Monika Florczak-Wątor Pdf

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.