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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... Madison can perhaps be viewed as trying to return to a more Lockean emphasis on inalterability when he emphasizes in The Federalist, No. 49 the need for “a reverence for the laws” that should, consequently, lead us to reject any ...
... Madison exemplifies, it is sometimes difficult even for secular systems to grant center stage to recognition of their own imperfections, it is all the more difficult for a system that claims divine inspiration to do so. How can one ...
... Madison's plaintive argument to the First Congress, while attacking the legitimacy of chartering the first Bank of the United States, that the Constitution must be interpreted within an ideological framework that accepts as “the ...
... Madison meant to suggest when he stated that “it was not possible to discover in [the Constitution] the power to incorporate a Bank,”14 which is somewhat different from saying simply that he was not persuaded by Alexander Hamilton's ...
... Madison. Perhaps the most majestic single opinion of the U.S. Supreme Court in its two-century history is John Marshall's opinion upholding the constitutionality of the Second Bank of the United States in McCulloch v. Maryland.27 ...
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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 |