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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... interpretation of the relevant materials within that system and a special kind of change that we call “amendment.” The latter, I believe, is generally thought to be presumptively unavailable through standard-form interpretation; it ...
... interpretation as such. Formal interpretation begins after the recognition of something as the Constitution. Another set of essays—those by Mark Brandon, Walter Murphy, and John Vile—cluster around the issue of substantive limits to ...
... interpretation. Not the least importance of Lutz's essay, in addition, is its recognition that one alternative to amendment is outright replacement by formally new constitutional structures. He notes that for the states making up the ...
... interpretation of the Fathers' handiwork than would ever have been imagined (or tolerated) at the time of 1787 conception or birth. Earlier versions of this essay were published in Constitutional Commentary 8 (1991): 409, and in Michael ...
... Interpretation and Amendment Acquaintance with the ordinary operations of the American legal system makes us aware of the crucial contrast typically offered between ordinary development by “interpretation” and extraordinary development ...
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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 |