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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... questions within any jurisprudential system will be, first, the substantive criteria by which one in fact defines imperfection and, then, the procedural means by which one responds to any such recognitions.7 How does (or should) ...
... questions. Consider only the following: 1. Can an individual state, prior to the collective ratification by ... question was made decidedly nonhypothetical in regard to what was originally the second of the twelve amendments ...
... Question of the 'Limited' Constitutional Convention,” Yale Law Journal 88 (1979): 1623, and “The Legitimacy of Constitutional Change: Rethinking the Constitutional Amendment Process,” Harvard Law Review 97 (1983): 386; Ruth Bader ...
... question is answered with a vigorous no by both Bruce Ackerman and Stephen Griffin. Both point to the presence of truly fundamental changes within the American political system that have taken place outside of the channels provided by ...
... questions raised (and provoked) by Ackerman and Griffin are among the deepest in all constitutional theory. Zohar writes from a quite different perspective, that of the scholar of Jewish law, or Halakha. Few deny that changes 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 |