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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... adopt John Locke's conceit, when he drafted the 1669 Fundamental Constitutions of Carolinas, that “these fundamental constitutions shall be and remain. 1 Max Farrand, The Records of the Federal Convention of 1787 (New Haven: Yale ...
... adoption of Nazi-like policies, as long as the procedural niceties of Article V were followed. Was Gödel correct, or ... adopted that terrible system as of 1861. John Vile presents the case for a wholly procedural Article V and attacks ...
... adopt in their transition from communism to some version (one hopes) of liberal democracy. Awareness of potential imperfection is at the heart of their own argument about the inadvisability of making constitutional amendment too ...
... adopted from West German (now presumably German) constitutional law,. 16 See Anthony D'Amato, “Aspects of Deconstruction: The 'Easy Case' of the UnderAged President,” Northwestern University Law Review 84 (1989): 250. 17 See Saul A ...
The Theory and Practice of Constitutional Amendment Sanford Levinson. argument, adopted from West German (now presumably German) constitutional law, that a true “amendment” does not “materially change” the preexisting structure of ...
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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 |