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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... separation. They wrote a clause that says “equal protection of the laws.” I think it may well be true . . . that they had an assumption which they did not enact, but they had an assumption that equality could be achieved 14 SANFORD ...
... protection of freedom of the press, stated that “the proposed system possesses no influence whatever upon the press; and it would have been merely nugatory, to have introduced a formal declaration upon the subject.”43 Indeed, to call it ...
... protection of fundamental liberties, but this may be evidence only of the distance we have traveled from the original understanding of the Constitution as creating only a limited government of assigned powers. In any event, there is no ...
... protected against nationally imposed abolition.56 To hold such a view would require, for starters, rejection of the propriety of practically every important commerce clause decision since 1937. Can it conceivably be the case, for ...
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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 |