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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... the Once and Future Polity Walter F. Murphy Nine The Case against Implicit Limits on the Constitutional Amending Process John R. Vile ix 13 37 63 89 117 145 163 191 Ten The “Original” Thirteenth Amendment and the Limits to Formal Contents.
... John Adams to the U.S. Supreme Court). “The warmest friends and the best supporters the Constitution has,” admitted the president of the Philadelphia convention, whose stature was responsible for much of the legitimacy that both it and ...
... John Vile—cluster around the issue of substantive limits to constitutional amendments, including, of course, those proposed and ratified 1994), p. 133, n.1. Edelman offers an extensive discussion of Israel's struggle over a written ...
... John Vile presents the case for a wholly procedural Article V and attacks theories such as Murphy's that would deny recognition to certain changes that had otherwise run the gauntlet established on the surface of that text. Finally, as ...
... John Tagliabue, “A Threat to Kohl,” New York Times, April 23, 1991, A1, A8 (late ed.). 13 Though see Peter Suber's discussion of “amendment by interpretation” in The Paradox of Self-Amendment, pp. 197–206, and his comment that “since ...
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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 |