Download or read book Explaining Constitutional Change written by Stefan Voigt and published by Edward Elgar Publishing. This book was released on 1999 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stefan Voigt examines the emergence of constitutions and how and why they change. He proposes that they are based on spontaneously-developed institutions and presents predictions on the scope of change under various setting and factors.
Download or read book Responding to Imperfection written by Sanford Levinson and published by Princeton University Press. This book was released on 1995-01-24 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. The contributors include Bruce Ackerman, Akhil Reed Amar, Mark E. Brandon, David R. Dow, Stephen M. Griffin, Stephen Holmes and Cass R. Sunstein, Sanford Levinson, Donald Lutz, Walter Murphy, Frederick Schauer, John R. Vile, and Noam J. Zohar.
Download or read book Engineering Constitutional Change written by Xenophon Contiades and published by Routledge. This book was released on 2012-12-20 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides a holistic presentation of the reality of constitutional change in 18 countries (the 15 old EU member states, Canada, Switzerland and the USA). The essays offer analysis on formal and informal constitutional amendment bringing forth the overall picture of the parallel paths constitutional change follows, in correlation to what the constitution means and how constitutional law works. To capture the patterns of constitutional change, multi-faceted parameters are explored such as the interrelations between form of government, party system, and constitutional amendment; the interplay between constitutional change and the system of constitutionality review; the role of the people, civil society, and experts in constitutional change; and the influence of international and European law and jurisprudence on constitutional reform and evolution. In the extensive final, comparative chapter, key features of each country’s amendment procedures are epitomized and the mechanisms of constitutional change are explained on the basis of introducing five distinct models of constitutional change. The concept of constitutional rigidity is re-approached and broken down to a set of factual and institutional rigidities. The classification of countries within models, in accordance with the way in which operative amending mechanisms connect, leads to a succinct portrayal of different modes of constitutional change engineering. This book will prove to be an invaluable tool for approaching constitutional revision either for theoretical or for practical purposes and will be of particular interest to students and scholars of constitutional, comparative and public law.
Download or read book Re Framers written by John R. Vile and published by Bloomsbury Publishing USA. This book was released on 2014-07-15 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the most comprehensive review of all the major proposals to rewrite, revise, or even replace the U.S. Constitution, covering more than 170 proposals from the nation's beginnings to the present day. The U.S. Constitution was carefully written by a remarkable group of men, but subsequent generations of Americans have devoted enormous time and energy to "improving" it. From colonial times to the present day, Americans of all political persuasions have campaigned to reform, remake, or replace this key document. The growth of the Internet and self-publishing has spawned a virtual explosion of such proposals. This book documents the numerous ideas for change—some practical, some idealistic, and some bordering on fanatical—that reflect America's Constitutional heritage and could shape the nation's future. Re-Framers: 170 Eccentric, Visionary, and Patriotic Proposals to Rewrite the U.S. Constitution sets the stage for this review by describing various prequels to the U.S. Constitution and explaining how the final document emerged at the Constitutional Convention. The subsequent chapters examine many proposed alternatives and revisions to the Constitution from its establishment until the present, illuminating perceived strengths and weaknesses of the current document as well as the pros and cons of possible amendments. Readers ranging from lay citizens who are interested in constitutional issues to historians, political scientists, law professors, and reference librarians will all benefit from this unparalleled examination of proposed constitutional amendment.
Download or read book Creating Constitutional Change written by Gregg Ivers and published by University of Virginia Press. This book was released on 2004 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Because the justices of the U.S. Supreme Court interpret the Constitution, their decisions can create constitutional change. For quite some time, general readers interested in understanding those changes have not had access to a concise volume that explores the major decisions through which those changes occur. In order to make a wide range of decisions more comprehensible, Gregg Ivers and Kevin T. McGuire commissioned twenty-four outstanding scholars to write essays on a selected series of Supreme Court cases. Chosen for their contemporary relevance, most of the cases addressed in this informative reader are from the last half-century, extending right up through Bush v. Gore and the 2003 Michigan affirmative actions cases"--Unedited summary from paperback cover.
Download or read book Explaining constitutional change written by Stefan Voigt and published by . This book was released on 1997 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book How Constitutions Change written by Dawn Oliver and published by Bloomsbury Publishing. This book was released on 2011-08-09 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: This set of essays explores how constitutions change and are changed in a number of countries, and how the 'constitution' of the EU changes and is changed. For a range of reasons, including internal and external pressures, the constitutional arrangements in many countries are changing. Constitutional change may be formal, involving amendments to the texts of Constitutions or the passage of legislation of a clearly constitutional kind, or informal and organic, as where court decisions affect the operation of the system of government, or where new administrative and other arrangements (eg agencification) affect or articulate or alter the operation of the constitution of the country, without the need to resort to formal change. The countries in this study include, from the EU, a common law country, a Nordic one, a former communist state, several civil law systems, parliamentary systems and a hybrid one (France). Chapters on non EU countries include two on developing countries (India and South Africa), two on common law countries without entrenched written constitutions (Israel and New Zealand), a presidential system (the USA) and three federal ones (Switzerland, the USA and Canada). In the last two chapters the editors conduct a detailed comparative analysis of the jurisdiction-based chapters and explore the question whether any overarching theory or theories about constitutional change in liberal democracies emerge from the study.
Download or read book The Will of the People written by Barry Friedman and published by Farrar, Straus and Giroux. This book was released on 2009-09-29 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.
Download or read book Making Constitutions written by Gabriel L. Negretto and published by Cambridge University Press. This book was released on 2013-06-17 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines constitutional change in Latin America from 1900 to 2008 and provides the first systematic explanation of the origins of constitutional designs.
Download or read book Constitutional Clarity written by Thomas T. Taylor and published by eBookIt.com. This book was released on 2023-08-23 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlock the Secrets of the Constitution Ever felt overwhelmed or confused by the intricacies of the U.S. Constitution? You're not alone. The foundation of American governance, the Constitution can often seem complex and inaccessible. But what if there was a guide that made it all simple? Dive into Constitutional Clarity: A Simple Guide to Constitutional Law and discover the Constitution like never before. This meticulously crafted guide breaks down the core principles, rights, and structures that have shaped the nation for centuries. From the historic origins of constitutional law to the pivotal cases that have defined its interpretation, this book is a treasure trove of insights. Explore the balance between individual freedoms and collective good, unravel the essence of federalism, and compare the U.S. Constitution with its counterparts from around the globe. With chapters dedicated to each branch of government and their powers, you'll gain a comprehensive understanding of the checks and balances that ensure democracy. Uncover the process of constitutional amendments, learn about the rights and responsibilities of citizens, and get practical tips on engaging with and protecting your constitutional rights. The added appendices offer a full text of the U.S. Constitution, a glossary of key terms, resources for further reading, and guidance on advocacy and engagement. Don't let the Constitution remain a mystery. Equip yourself with knowledge, foster informed discussions, and be an active participant in the democratic process. Whether you're a student, educator, activist, or simply a curious reader, Constitutional Clarity is your key to understanding the Constitution in all its depth and nuance. Embark on this enlightening journey today!
Download or read book Constitutional Change and Transformation in Latin America written by Richard Albert and published by Bloomsbury Publishing. This book was released on 2019-07-25 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past 30 years, Latin America has lived through an intense period of constitutional change. Some reforms have been limited in their design and impact, while others have been far-reaching transformations to basic structural features and fundamental rights. Scholars interested in the law and politics of constitutional change in Latin America are turning increasingly to comparative methodologies to expose the nature and scope of these changes, to uncover the motivations of political actors, to theorise how better to execute the procedures of constitutional reform, and to assess whether there should be any limitations on the power of constitutional amendment. In this collection, leading and emerging voices in Latin American constitutionalism explore the complexity of the vast topography of constitutional developments, experiments and perspectives in the region. This volume offers a deep understanding of modern constitutional change in Latin America and evaluates its implications for constitutionalism, democracy, human rights and the rule of law.
Download or read book Revolution Transition Memory and Oblivion written by Martin Belov and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book offers a novel theory of constitutional revolutions, providing a new and engaging framework for critically assessing how revolutions and contra-revolutions, transitional periods and the phenomenon of oblivion influence constitutional change.
Download or read book Constitutional Change in the United States written by John R. Vile and published by Praeger. This book was released on 1994-08-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The processes of constitutional change in America are particularly difficult to understand because of the constant interaction between the constitutional document of 1787 and the wider set of understandings and practices surrounding that document. This work is the first to examine systematically the relationship between changes initiated by constitutional amendment and changes initiated by judicial interpretations or actions of the two elected branches of government. By examining and comparing all three mechanisms of constitutional revision, Vile offers a more complex and dynamic analysis of this important constitutional issue than can be found elsewhere in the literature.
Download or read book Explaining Constitutional Change written by Astrid Lorenz and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book How Failed Attempts to Amend the Constitution Mobilize Political Change written by Roger C. Hartley and published by Vanderbilt University Press. This book was released on 2021-04-30 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Constitution's ratification, members of Congress, following Article V, have proposed approximately twelve thousand amendments, and states have filed several hundred petitions with Congress for the convening of a constitutional convention. Only twenty-seven amendments have been approved in 225 years. Why do members of Congress continue to introduce amendments at a pace of almost two hundred a year? This book is a demonstration of how social reformers and politicians have used the amendment process to achieve favorable political results even as their proposed amendments have failed to be adopted. For example, the ERA "failed" in the sense that it was never ratified, but the mobilization to ratify the ERA helped build the feminist movement (and also sparked a countermobilization). Similarly, the Supreme Court's ban on compulsory school prayer led to a barrage of proposed amendments to reverse the Court. They failed to achieve the requisite two-thirds support from Congress, but nevertheless had an impact on the political landscape. The definition of the relationship between Congress and the President in the conduct of foreign policy can also be traced directly to failed efforts to amend the Constitution during the Cold War. Roger Hartley examines familiar examples like the ERA, balanced budget amendment proposals, and pro-life attempts to overturn Roe v. Wade, but also takes the reader on a three-century tour of lesser-known amendments. He explains how often the mere threat of calling a constitutional convention (at which anything could happen) effected political change.
Download or read book Institutional dynamics of European integration 2 1994 written by Deirdre M. Curtin and published by Martinus Nijhoff Publishers. This book was released on 1994-09-28 with total page 742 pages. Available in PDF, EPUB and Kindle. Book excerpt: Script.
Download or read book Unconstitutional Constitutional Amendments written by Yaniv Roznai and published by Oxford University Press. This book was released on 2017-02-23 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism to substantively limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.
