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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... proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no ...
... proposed and ratified 1994), p. 133, n.1. Edelman offers an extensive discussion of Israel's struggle over a written constitution at pages 6–30, as does Gary Jeffrey Jacobsohn in Apples of Gold: Constitutionalism in Israel and the ...
... proposed by Congress but never ratified by three-quarters of the states, which would in effect have entrenched chattel slavery at least in those states that had already adopted that terrible system as of 1861. John Vile presents the ...
... proposed amendment for invading the entrenched powers of the state to control property and domestic institutions. Interestingly, White's colleague Representative Boutwell, a warm supporter of the amendment, agreed with White's ...
... proposed either by a constitutional convention or by the legislature prior to popular ratification. The court pronounced one section of the proposition just such a “revision”— presumably substantially more transformative than a mere ...
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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 |