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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... course, several of the states that ratified the Equal Rights Amendment (ERA) in the 1970s attempted to rescind their ratification. However, because the constitutionally required number of thirty-eight states was never reached, under any ...
... course, are now known as the Bill of Rights. Nonetheless, states sporadically ratified the original second amendment, and in 1992 Michigan became the thirty-eighth state to ratify it. Given a union of fifty states, that meant that three ...
... course, to my own essay. Zohar's essay is also one of the several in the book that attempts to place the theory of constitutional amendment within a comparative perspective. Most of the comparisons, such as those discussed particularly ...
... course, those proposed and ratified 1994), p. 133, n.1. Edelman offers an extensive discussion of Israel's struggle over a written constitution at pages 6–30, as does Gary Jeffrey Jacobsohn in Apples of Gold: Constitutionalism in Israel ...
... course, that such changes cannot occur, but the argument is that, precisely because they are genuine transformations—and not simply the product of what was truly immanent within the Constitution—they must be the product of a distinctive ...
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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 |