Responding to Imperfection: The Theory and Practice of Constitutional AmendmentSanford Levinson 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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The Theory and Practice of Constitutional Amendment Sanford Levinson. Ten The " Original " Thirteenth Amendment and the Limits to Formal Constitutional Change Mark E. Brandon 215 Eleven Toward a Theory of Constitutional Amendment Donald ...
... amendment, from this perspective, is much more a question of empirical fact—does a relevant society in fact recognize certain changes and structure its behavior accordingly?—than one of constitutional interpretation as such. Formal ...
... amendment. Lutz presents a fascinating sur- vey of the procedures for formal amendment as found in the constitu- tions of the fifty American states and in a number of foreign countries. He uses this data to construct an “Index of ...
... amendment specifically allowing German troops to join interna- tional alliances . ” 12 In many contexts , therefore ... formal amendment too difficult will inevitably develop alternative routes toward achieving necessary ...
... formal amendment was necessary in order for the Minnesota legislature to be able to meet the threat to economic stability posed by the Great Depression ; ordinary interpretation sufficed to supply the needed authority . It should be ob ...
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Responding to Imperfection: The Theory and Practice of Constitutional Amendment Sanford Levinson No preview available - 1995 |
Responding to Imperfection: The Theory and Practice of Constitutional Amendment Sanford Levinson No preview available - 1995 |