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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... and Future Polity Walter F. Murphy Nine The Case against Implicit Limits on the Constitutional Amending Process John R. Vile ix 13 37 63 89 117 145 163 191 Ten The “Original” Thirteenth Amendment and the Limits to Formal Contents.
The Theory and Practice of Constitutional Amendment Sanford Levinson. Ten The “Original” Thirteenth Amendment and the Limits to Formal Constitutional Change Mark E. Brandon Eleven Toward a Theory of Constitutional Amendment Donald S ...
... original second amendment, and in 1992 Michigan became the thirty-eighth state to ratify it. Given a union of fifty states, that meant that three-quarters of these states, in a process extending from 1789 to 1992, had ratified it ...
... original” Thirteenth Amendment, in fact proposed by Congress but never ratified by three-quarters of the states, which would in effect have entrenched chattel slavery at least in those states that had already adopted that terrible ...
... original understanding,” Robert Bork, most certainly does not, as witnessed by his insistent, and presumably heartfelt, argument before the Senate Judiciary Committee that Brown v. Board of Education,3 however surprising it might have ...
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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 |