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. |
Iz vsebine knjige
Zadetki 1–5 od 35
... Senate. Article V raises a host of important questions. Consider only the following: 1. Can an individual state, prior to the collective ratification by threequarters of the states, rescind its ratification, thus negating whatever prior ...
... Senate Judiciary Committee that Brown v. Board of Education,3 however surprising it might have been to the actual proponents of the Fourteenth Amendment, was perfectly consistent with what he has termed the “only” legitimate approach to ...
... Senate Committee on the Judiciary, Nomination of Robert H. Bork to be Associate Justice of the Supreme Court of the United States: Hearings before the Senate Judiciary Committee, pt. 1, 100th Cong., 1st sess., 1987, p. 286. 5 This is ...
... Senate Judiciary Committee, for endorsing the Equal Rights Amendment: I remain an advocate of the equal rights amendment, I will tell you, for this reason: because I have a daughter and a grand-daughter, and I would like the legislature ...
... senators could no longer confidently assert (and receive a nominee's ready agreement) that a judge's task is “to interpret” rather than “to amend” the materials by illicit “legislation.” Those who denounce decisions as unacceptable ...
Druge izdaje - Prikaži vse
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 |