Responding to Imperfection: The Theory and Practice of Constitutional AmendmentSanford Levinson Princeton University Press, 24. jan. 1995 - 344 strani 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. |
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... Article V, which provides a procedure of amendment. Given the frequency with which Article V will be cited in the articles below, it is probably most efficient to set it out in full here (and, concomitantly, to ask the reader to return ...
... Articles of Confederation? And who would set the rules by which the convention operated (e.g., majority vote of states or ... Article as. 8 See Dillon v. Gloss, 256 U.S. 358, 374–75 (1921). I discuss the issue further in Sanford Levinson ...
... Article V as a method of bringing about amendment. Everyone concedes that Article V sets out a way by which the Constitution can be changed. Is it also the way? Or are there alternative means of achieving fundamental change within the ...
... Article V is by no means exclusive. Instead, he argues, the very meaning of popular sovereignty— captured by the first three words of the Constitution's preamble, “We the ... Article V. Does Article V set out only procedural 9 INTRODUCTION.
The Theory and Practice of Constitutional Amendment Sanford Levinson. through Article V. Does Article V set out only procedural hurdles that (at least some) amendments must run, or does it contain, albeit implicitly, substantive limits ...
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Responding to Imperfection: The Theory and Practice of Constitutional Amendment Sanford Levinson Predogled ni na voljo - 1995 |
Responding to Imperfection: The Theory and Practice of Constitutional Amendment Sanford Levinson Predogled ni na voljo - 1995 |