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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... tional change and the notion of “ amendment . " Several of the papers in this volume were first presented in that venue , and others were sug- gested by the discussions that ensued . A key participant in two of those panels was Will ...
... tional convention ? Could its agenda be limited to any given topics men- tioned by the states , or would the convention have plenary power , free in effect to be as wide - ranging in defining imperfection and proposing potential ...
... tions, even if most of the essays necessarily make reference at various points to Article V. For example, a ... tional system. What kind of change that might be is the central topic of the essays by myself and by Noam Zohar. I ...
... tional orders like Great Britain's, moral conventions, or, indeed, sci- ence,11 but, rather, on the particular problem of explaining change within practices that are derived, in terms of their own self-presentation, from certain ...
... tional interpretation.4 What Bork and other " originalists " object to is not the fact of organic development as ... tion generated by exogenous causes . It is not the case , of course , that such changes cannot occur , but the ...
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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 |