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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... rule of government . . . forever.”3 It was a fundamental breakthrough in American constitutional theory, manifested originally in the drafting of state constitutions, that the “rules of government” would be decidedly “alterable” through ...
... rules by which the convention operated (e.g., majority vote of states or majority vote of delegates, to name only one issue)? All of these questions are of vital importance and have spawned a significant scholarly literature.9 It is ...
... rule, to have been governed by a single constitution since the state's founding. Lutz's interest in structures of constitutional change comes in part from his experience in advising many foreign governments as to what would be apt ...
... rule they wrote” and if they would have been a little surprised that it worked out this way, that is too bad. That is the rule they wrote and they assumed something that is not true. . . . You could suppose they had written a clause ...
... Rules and Private Language (Cambridge: Harvard University Press, 1982), p. 78. 18 The notions both of an interpretive community and of “off-the-wall” argumentation are taken from Stanley Fish. See Is There a Text in This Class? The ...
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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 |