Download or read book Constitutional Revision in Theory and Practice written by Tip H. Allen and published by . This book was released on 1962 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Responding to Imperfection written by and published by . This book was released on 1995-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Theory and Practice of Constitutional Reform written by and published by . This book was released on 1981 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Responding to Imperfection written by Sanford Levinson and published by . This book was released on 1995 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: It was a fundamental breakthrough in American constitutional theory, manifested originally in the drafting of state constitutions, that the 'rules of government' would be decidedly 'alterable' through a stipulated legal process.
Download or read book Constitutional Amendments written by Richard Albert and published by Oxford University Press. This book was released on 2019-07-15 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.
Download or read book Constitutional Interpretation in Singapore written by Jaclyn L Neo and published by Routledge. This book was released on 2016-06-17 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the heart of constitutional interpretation is the struggle between, on the one hand, fidelity to founding meanings, and, on the other hand, creative interpretation to suit the context and needs of an evolving society. This book considers the recent growth of constitutional cases in Singapore in the last ten years. It examines the underpinnings of Singapore’s constitutional system, explores how Singapore courts have dealt with issues related to rights and power, and sets developments in Singapore in the wider context of new thinking and constitutional developments worldwide. It argues that Singapore is witnessing a shift in legal and political culture as both judges and citizens display an increasing willingness to engage with constitutional ideas and norms.
Download or read book The Theory and Practice of Constitutional Change in America written by John R. Vile and published by Peter Lang Incorporated, International Academic Publishers. This book was released on 1993 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: The only volume of its kind, this book provides diverse readings relevant to the topic of constitutional amendment and change. Beginning with sources that were part of the cultural heritage of America's Founding Fathers, the book proceeds to trace debates over the desirability and frequency of constitutional change and the adequacy of the constitutional amending process from the Revolutionary War period to the present. Included are debates over general principles, texts and discussions of individual amendments, and relevant judicial decisions. Where possible, readings are paired to show rival views; each selection is prefaced by an explanation of the reading's context and significance.
Download or read book Designing a Polity written by James W. Ceaser and published by Rowman & Littlefield Publishers. This book was released on 2010-12-16 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Designing a Polity, James W. Ceaser, one of our leading scholars of American political development, argues for the continuing central role of the Founding within the study of American government. Drawing on essays published over the past 10 years, extensively updated and revised to reflect current politics, Ceaser engages the Founding Fathers, particularly James Madison, emphasizes Alexis de Tocqueville as a model of political inquiry, critiques current and recent theorists such as Richard Rorty and Jacques Derrida, and explores the varieties of contemporary conservative thought. Designing a Polity offers a rich exploration of the core values of political sciences that will be of special interest to scholars and students of American political development, Constitutional thought, and contemporary political thought.
Download or read book Engineering Constitutional Change written by Xenophōn I. Kontiadēs and published by Routledge. This book was released on 2013 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive comparative guide to constitutional amendment in Europe and North America. The contributions to the book are written by experts in comparative constitutional law and looks at a particular country providing a critical analysis of its constitutional revision principles, procedure, practice and developments. The volume includes a final chapter with a comparative analysis on constitutional amendment elaborating on and attempting to develop an explanatory theory regarding the points of convergence as well as the detected differentiations. Thus allowing the comparative elements interesting at an international level to emerge and be assessed.
Download or read book Unconstitutional Constitutional Amendments written by Yaniv Roznai and published by Oxford University Press. This book was released on 2017 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.
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 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 Government and Democracy written by Carl Joachim Friedrich and published by . This book was released on 1937 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Implementing the Constitution written by Richard H. FALLON and published by Harvard University Press. This book was released on 2009-06-30 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the Supreme Court performs two functions. The first is to identify the Constitution's idealized "meaning." The second is to develop tests and doctrines to realize that meaning in practice. Bridging the gap between the two--implementing the Constitution--requires moral vision, but also practical wisdom and common sense, ingenuity, and occasionally a willingness to make compromises. In emphasizing the Court's responsibility to make practical judgments, "Implementing the Constitution" takes issue with the two positions that have dominated recent debates about the Court's proper role. Constitutional "originalists" maintain that the Court's essential function is to identify the "original understanding" of constitutional language and then apply it deductively to current problems. This position is both unwise and unworkable, the book argues. It also critiques well-known accounts according to which the Court is concerned almost exclusively with matters of moral and constitutional principle. "Implementing the Constitution" bridges the worlds of constitutional theory, political theory, and constitutional practice. It illuminates the Supreme Court's decision of actual cases and its development of well-known doctrines. It is a doctrinal study that yields jurisprudential insights and a contribution to constitutional theory that is closely tied to actual judicial practice.
Download or read book Comparative Constitutional Theory written by Gary Jacobsohn and published by Edward Elgar Publishing. This book was released on 2018-02-23 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.
Download or read book Modern Constitutional Law written by Lawrence Friedman and published by Aspen Publishing. This book was released on 2022-12-16 with total page 864 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. The new and revised third edition of Friedman’s Modern Constitutional Law includes the major recent cases from the Supreme Court concerning individual rights and separation of powers, integrating discussion of these cases into the book’s practical approach to understanding the Court’s constitutional jurisprudence. Unlike casebooks that seek to tackle the entirety of Constitutional Law and are organized from the theoretical and philosophical perspective of the constitutional scholar Modern Constitutional Law: Cases, Problems and Practice?focuses on the key areas most relevant to the practice law students will predominantly find themselves in after law school: small or solo firms that count individuals and small businesses as their clientele, offices of state agencies, district attorneys, and public defenders. New to the Third Edition: Updated with cases from the most recent Supreme Court term addressing the right to bear arms, the right to choose, and the free exercise of religion Updated practice perspectives that reflect changes in the law Updated with the most recent cases concerning free speech, separation of powers, and standing Professors and students will benefit from: Narrower in scope than other casebooks, the book is more manageable for 3- and 4- credit courses? A focus on doctrine rather than theory An emphasis on modern and contemporary approaches to constitutional law, while including landmark cases, such as?McCulloch v. Maryland,?The Prize Cases, and?Lochner v. New York Coverage focuses on the areas of constitutional law students are likely to encounter upon graduation, such as due process, equal protection, as well as free speech and the free exercise of religion Inclusion of cases from the lower federal and state courts, courts in which most students are most likely to one day find themselves litigating constitutional issues Inclusion of a generous case excerpts to help students to develop their ability to read legal texts closely and extract useful information, rather than relying on Notes to cover the jurisprudence in a particular area? Each chapter includes one or more Problems to provide students opportunities to apply the doctrines learned Each chapter includes one or more “Practice Perspectives” that present the facts, background, and resolution of actual constitutional law cases, challenging students to explain the results based on what they have learned in the chapter
