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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... example, a central focus of several of these essays 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 ...
... example, a chapter on changes within the British constitutional system? No doubt an interesting essay could be written on the latter; the reason I did not solicit one, though, is that Great Britain, like six other states,10 has chosen ...
... example, the opening statement of Utah Senator Orrin G. Hatch in the hearing on Ruth Bader Ginsburg's nomination to the U.S. Supreme Court, where he noted that “under our system, a Supreme Court justice should interpret the law, and not ...
... example, given the language of Article II, section 1 that “no person except a natural born Citizen . . . shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to ...
... example, presented “the very term 'amendment' [as] itself a word of limitation,” disallowing a “plenary, omnipotent, unlimited power over every subject of legislation.”20 Representative White therefore condemned the proposed amendment ...
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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 |