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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... 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.
... process.4 Indeed, Gordon Wood has described the very notion of an amendment process as the “institutionaliz[ation] and legitim[ation of] revolution.”5 This truly radical implication of the notion of amendment is more than a little ...
... Constitution themselves indirectly acknowledged the possibility of imperfection by including within it Article V, which provides a procedure of amendment. Given the frequency with which Article V will be cited in the articles below, it ...
... amendment, and in 1992 Michigan became the thirty-eighth state to ratify it. Given a union of fifty states, that meant that three-quarters of these states, in a process extending from 1789 to 1992, had ratified it. Several commentators ...
The Theory and Practice of Constitutional Amendment Sanford Levinson. “amendment.”5 The former is, almost by ... process. Nothing old can be taken out without the same process.”7 “New,” in this context, is clearly a term of art, 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 |