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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... concerns the exclusivity of 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 ...
... concerned with the actual history of post-1787 amendment than with constitutional possibility, Akhil Reed Amar also presses the case that Article V is by no means exclusive. Instead, he argues, the very meaning of popular sovereignty ...
... concerned with what most persons at any specific time within a given interpretive community will, on the one hand, accept as “legitimately assertible”17 or, on the other, reject as “off the wall” and indicative of an inability to ...
... concerned the legitimacy of Proposition 115, passed by popular referendum, which required multiple changes in California's criminal code in both its substantive and procedural aspects. Among the challenges mounted against Proposition ...
... concerned only the second Bank—the first Bank had expired in 1811—I think it is fair to describe McCulloch as an advisory opinion that the first Bank was perfectly constitutional as well, thus joining the First Congress in rejecting ...
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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 |