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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... Federal Convention of 1787 (New Haven: Yale University Press, 1937), 1:202–3. 2 Letter of George Washington to Bushrod Washington, November 10, 1787, in Michael Kammen, ed., The Origins of the American Constitution: A Documentary ...
... Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States, 2d ed. (1878), p. 1408, quoted in Russell L. Caplan, Constitutional Brinkmanship: Amending the National Convention (New York: Oxford ...
... Federal Convention of 1787 (New Haven: Yale University Press, 1911), 3:435. 31James Boyd White, When Words Lose Their Meaning (Chicago: University of Chicago Press, 1984). p. 263 (emphasis added). White is certainly not the first person ...
... federal judiciary as a “subtle core of sappers and miners constantly working under ground to undermine the foundations of our confederated republic.”36 The problem posed by Marshall and McCulloch is, of course, repeated in many other ...
... federal regulation of “local” concerns, then we simply cannot believe that the Thirteenth Amendment is the only barrier, at least theoretically, to the reinstitution of slavery in a state.61 I am even more confident that few ...
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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 |