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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... importance of their acknowledgment of imperfection. Surely more than a few founders of political orders have been tempted to adopt John Locke's conceit, when he drafted the 1669 Fundamental Constitutions of Carolinas, that “these ...
... important questions. Consider only the following: 1. Can an individual state, prior to the collective ratification by threequarters of the states, rescind its ratification, thus negating whatever prior approval it might have given to a ...
... importance and have spawned a significant scholarly literature.9 It is important to state at the outset, though, that this book will only tangentially touch on them. To treat them with the depth they deserve would require a volume at ...
... important topic in its own right, whether one is talking about constitutional orders like Great Britain's, moral ... important similarities between structures of scientific thought and American constitutionalism, but I think there are ...
... important issues that they raise. My hope is that they will be viewed as helpful goads to a long overdue theoretical exploration that will take us to the very heart of the enterprise of constitutionalism. Two How Many Times Has the ...
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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 |