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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... problem of change within structures of thought, a fascinating and clearly important topic in its own right, whether one is talking about constitutional orders like Great Britain's, moral conventions, or, indeed, science,11 but, rather ...
... problems. From this perspective “interpretations” are linked in specifiable ways to analyses of the text or at least to the body of materials conventionally regarded as within the ambit of the committed constitutionalist.8 “Amendments ...
... problem in analyzing legal rhetoric, of course, is knowing when statements should be read as mere hyperbole—consider a recent comment by a dissenting Supreme Court justice that the majority's position “makes no sense”15—or as something ...
... problem, of course, is how we decide disputes about what the “writing” actually means. Is McCulloch an example of ... problems for anyone who is, like Bork, committed to so-called “original intent” as the authoritative guide to ...
... problem posed by Marshall and McCulloch is, of course, repeated in many other cases. Consider, as only one example, another foundational case of our constitutional order, the 1934 decision in Home Building & Loan Association v ...
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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 |