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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... suggested by the discussions that ensued. A key participant in two of those panels was Will Harris, of the University of Pennsylvania. Unfortunately, circumstances made it impossible for him to contribute to this volume, but no one ...
... suggested that the original second amendment had “died” at some point between 1789 and 1992 because of a constitutionally unspecified, but nonetheless inferrable, requirement of “contemporaneous ratification.”8 4. Should one wish ...
... suggested, two essays, by Donald Lutz and by Stephen Holmes and Cass Sunstein, offer comparative material on the ... suggests that those systems that are “too difficult” to change formally, most definitely including the U.S. Constitution ...
... suggested by the very reference to Rehnquist, it is hard to find someone who does reject this version of the Holmesian insight. The most noted proponent of “the jurisprudence of original understanding,” Robert Bork, most certainly does ...
... suggest.”11 Madison thus had no principled political objection to federally financed internal improvements; he simply believed that Congress was without power to call them into being until the American people, operating through accepted ...
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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 |