Responding to Imperfection: The Theory and Practice of Constitutional AmendmentSanford Levinson Princeton University Press, 1995 M01 24 - 344 páginas 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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... Supreme Court). “The warmest friends and the best supporters the Constitution has,” admitted the president of the Philadelphia convention, whose stature was responsible for much of the legitimacy that both it and its handiwork enjoyed ...
... Supreme Court, suggested that the original second amendment had “died” at some point between 1789 and 1992 because ... courts? Congress? (To name only two candidates.) 5. What if the states do in fact coordinately call for a new ...
... Supreme Court, through Felix Frankfurter, insisted that “nothing new can be put into the Constitution except through the amendatory process. Nothing old can be taken out without the same process.”7 “New,” in this context, is clearly a ...
... Supreme Court justice that the majority's position “makes no sense”15—or as something presumably far more serious, challenging either the professional competence or moral integrity of those who reject one's own. 12 John Tagliabue, “A ...
... Supreme Court that concerned the legitimacy of Proposition 115, passed by popular referendum, which required multiple changes in California's criminal code in both its substantive and procedural aspects. Among the challenges mounted ...
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Responding to Imperfection: The Theory and Practice of Constitutional Amendment Sanford Levinson Vista previa limitada - 1995 |
Responding to Imperfection: The Theory and Practice of Constitutional Amendment Sanford Levinson Sin vista previa disponible - 1995 |
Responding to Imperfection: The Theory and Practice of Constitutional Amendment Sanford Levinson Sin vista previa disponible - 1995 |