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 65
... 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 declare that God's own artifacts are ...
... Difficulty” in regard to formal change and then suggests that those systems that are “too difficult” to change formally, most definitely including the U.S. Constitution, will develop alternatives, including amendment by purported ...
... difficult. These essays are certainly not intended to serve as the last word on the extraordinarily important issues that they raise. My hope is that they will be viewed as helpful goads to a long overdue theoretical exploration that ...
... difficult will inevitably develop alternative routes toward achieving necessary transformations, including latitudinarian conceptions of permissible “interpretation.” As Suber notes, though, “the debate has shifted from [the] occurrence ...
... difficult to disagree with Madison's own concession that the Tenth Amendment “may be considered as superfluous.”51 Consider in this context the careful statement by Justice Rehnquist that “an express declaration” of federalistic limits ...
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 |