Explaining Constitutional Change

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Explaining Constitutional Change

Author : Stefan Voigt
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 45,5 Mb
Release : 1999
Category : Business & Economics
ISBN : UOM:39015047532398

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Explaining Constitutional Change by Stefan Voigt Pdf

Stefan Voigt examines the emergence of constitutions and how and why they change. He proposes that they are based on spontaneously-developed institutions and presents predictions on the scope of change under various setting and factors.

Engineering Constitutional Change

Author : Xenophōn I. Kontiadēs
Publisher : Routledge
Page : 490 pages
File Size : 41,5 Mb
Release : 2013
Category : Law
ISBN : 9780415529761

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Engineering Constitutional Change by Xenophōn I. Kontiadēs Pdf

This book offers a comprehensive comparative guide to constitutional amendment in Europe and North America. The contributions to the book are written by experts in comparative constitutional law and looks at a particular country providing a critical analysis of its constitutional revision principles, procedure, practice and developments. The volume includes a final chapter with a comparative analysis on constitutional amendment elaborating on and attempting to develop an explanatory theory regarding the points of convergence as well as the detected differentiations. Thus allowing the comparative elements interesting at an international level to emerge and be assessed.

Unconstitutional Constitutional Amendments

Author : Yaniv Roznai
Publisher : Oxford University Press
Page : 369 pages
File Size : 42,5 Mb
Release : 2017
Category : Law
ISBN : 9780198768791

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Unconstitutional Constitutional Amendments by Yaniv Roznai Pdf

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.

Our Changing Constitution

Author : Charles W. Pierson
Publisher : DigiCat
Page : 127 pages
File Size : 46,9 Mb
Release : 2022-09-16
Category : History
ISBN : EAN:8596547351122

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Our Changing Constitution by Charles W. Pierson Pdf

DigiCat Publishing presents to you this special edition of "Our Changing Constitution" by Charles W. Pierson. DigiCat Publishing considers every written word to be a legacy of humankind. Every DigiCat book has been carefully reproduced for republishing in a new modern format. The books are available in print, as well as ebooks. DigiCat hopes you will treat this work with the acknowledgment and passion it deserves as a classic of world literature.

Responding to Imperfection

Author : Sanford Levinson
Publisher : Princeton University Press
Page : 344 pages
File Size : 44,7 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.

Engineering Constitutional Change

Author : Xenophon Contiades
Publisher : Routledge
Page : 490 pages
File Size : 47,9 Mb
Release : 2012-12-20
Category : Law
ISBN : 9781136210778

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Engineering Constitutional Change by Xenophon Contiades Pdf

This volume provides a holistic presentation of the reality of constitutional change in 18 countries (the 15 old EU member states, Canada, Switzerland and the USA). The essays offer analysis on formal and informal constitutional amendment bringing forth the overall picture of the parallel paths constitutional change follows, in correlation to what the constitution means and how constitutional law works. To capture the patterns of constitutional change, multi-faceted parameters are explored such as the interrelations between form of government, party system, and constitutional amendment; the interplay between constitutional change and the system of constitutionality review; the role of the people, civil society, and experts in constitutional change; and the influence of international and European law and jurisprudence on constitutional reform and evolution. In the extensive final, comparative chapter, key features of each country’s amendment procedures are epitomized and the mechanisms of constitutional change are explained on the basis of introducing five distinct models of constitutional change. The concept of constitutional rigidity is re-approached and broken down to a set of factual and institutional rigidities. The classification of countries within models, in accordance with the way in which operative amending mechanisms connect, leads to a succinct portrayal of different modes of constitutional change engineering. This book will prove to be an invaluable tool for approaching constitutional revision either for theoretical or for practical purposes and will be of particular interest to students and scholars of constitutional, comparative and public law.

The People’s Constitution

Author : John F. Kowal
Publisher : The New Press
Page : 493 pages
File Size : 53,7 Mb
Release : 2021-09-21
Category : Law
ISBN : 9781620975626

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The People’s Constitution by John F. Kowal Pdf

The 233-year story of how the American people have taken an imperfect constitution—the product of compromises and an artifact of its time—and made it more democratic Who wrote the Constitution? That’s obvious, we think: fifty-five men in Philadelphia in 1787. But much of the Constitution was actually written later, in a series of twenty-seven amendments enacted over the course of two centuries. The real history of the Constitution is the astonishing story of how subsequent generations have reshaped our founding document amid some of the most colorful, contested, and controversial battles in American political life. It’s a story of how We the People have improved our government’s structure and expanded the scope of our democracy during eras of transformational social change. The People’s Constitution is an elegant, sobering, and masterly account of the evolution of American democracy. From the addition of the Bill of Rights, a promise made to save the Constitution from near certain defeat, to the post–Civil War battle over the Fourteenth Amendment, from the rise and fall of the “noble experiment” of Prohibition to the defeat and resurgence of an Equal Rights Amendment a century in the making, The People’s Constitution is the first book of its kind: a vital guide to America’s national charter, and an alternative history of the continuing struggle to realize the Framers’ promise of a more perfect union.

Revolution, Transition, Memory, and Oblivion

Author : Martin Belov,Antoni Abat i Ninet
Publisher : Edward Elgar Publishing
Page : 264 pages
File Size : 49,6 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.

Constitutional Revolution

Author : Gary Jeffrey Jacobsohn,Yaniv Roznai
Publisher : Yale University Press
Page : 382 pages
File Size : 40,8 Mb
Release : 2020-05-19
Category : Political Science
ISBN : 9780300231021

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Constitutional Revolution by Gary Jeffrey Jacobsohn,Yaniv Roznai Pdf

Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a "constitutional moment" may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an extended period. The "moment" may have been under way for decades--or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change.

Re-Framers

Author : John R. Vile
Publisher : Bloomsbury Publishing USA
Page : 414 pages
File Size : 52,6 Mb
Release : 2014-07-15
Category : Political Science
ISBN : 9781610697347

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Re-Framers by John R. Vile Pdf

This book is the most comprehensive review of all the major proposals to rewrite, revise, or even replace the U.S. Constitution, covering more than 170 proposals from the nation's beginnings to the present day. The U.S. Constitution was carefully written by a remarkable group of men, but subsequent generations of Americans have devoted enormous time and energy to "improving" it. From colonial times to the present day, Americans of all political persuasions have campaigned to reform, remake, or replace this key document. The growth of the Internet and self-publishing has spawned a virtual explosion of such proposals. This book documents the numerous ideas for change—some practical, some idealistic, and some bordering on fanatical—that reflect America's Constitutional heritage and could shape the nation's future. Re-Framers: 170 Eccentric, Visionary, and Patriotic Proposals to Rewrite the U.S. Constitution sets the stage for this review by describing various prequels to the U.S. Constitution and explaining how the final document emerged at the Constitutional Convention. The subsequent chapters examine many proposed alternatives and revisions to the Constitution from its establishment until the present, illuminating perceived strengths and weaknesses of the current document as well as the pros and cons of possible amendments. Readers ranging from lay citizens who are interested in constitutional issues to historians, political scientists, law professors, and reference librarians will all benefit from this unparalleled examination of proposed constitutional amendment.

Understanding Canada's Constitution

Author : Margaret A. Banks
Publisher : London, Ont. : M.A. Banks
Page : 108 pages
File Size : 53,9 Mb
Release : 1991
Category : Canada
ISBN : STANFORD:36105044585532

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Understanding Canada's Constitution by Margaret A. Banks Pdf

Amending the Constitution of Canada

Author : Canada. Federal-Provincial Relations Office
Publisher : Bureau des relations fédérales-provinciales
Page : 72 pages
File Size : 50,7 Mb
Release : 1990
Category : Canada
ISBN : OSU:32437122684612

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Amending the Constitution of Canada by Canada. Federal-Provincial Relations Office Pdf

The purpose of this paper is to stimulate public discussion by explaining how the current constitutional amendment procedures came to be adopted, analyzing those procedures, and examining some possible alternatives that might achieve better public involvement in the process and be more effective in achieving amendments.

The Federalist Papers

Author : Alexander Hamilton,John Jay,James Madison
Publisher : Read Books Ltd
Page : 455 pages
File Size : 49,7 Mb
Release : 2018-08-20
Category : History
ISBN : 9781528785877

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The Federalist Papers by Alexander Hamilton,John Jay,James Madison Pdf

Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

Constitutional Change and Transformation in Latin America

Author : Richard Albert,Carlos Bernal,Juliano Zaiden Benvindo
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 40,5 Mb
Release : 2019-07-25
Category : Law
ISBN : 9781509923526

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Constitutional Change and Transformation in Latin America by Richard Albert,Carlos Bernal,Juliano Zaiden Benvindo Pdf

Over the past 30 years, Latin America has lived through an intense period of constitutional change. Some reforms have been limited in their design and impact, while others have been far-reaching transformations to basic structural features and fundamental rights. Scholars interested in the law and politics of constitutional change in Latin America are turning increasingly to comparative methodologies to expose the nature and scope of these changes, to uncover the motivations of political actors, to theorise how better to execute the procedures of constitutional reform, and to assess whether there should be any limitations on the power of constitutional amendment. In this collection, leading and emerging voices in Latin American constitutionalism explore the complexity of the vast topography of constitutional developments, experiments and perspectives in the region. This volume offers a deep understanding of modern constitutional change in Latin America and evaluates its implications for constitutionalism, democracy, human rights and the rule of law.