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Methods of Constitutional Reform

Author : Emeritus Professor of Music George Pratt
Publisher : Forgotten Books
Page : 32 pages
File Size : 11,10 MB
Release : 2016-09-02
Category : Political Science
ISBN : 9781333451288

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Excerpt from Methods of Constitutional Reform: With Reasons Why No Constitutional Convention Should Be Called by the General Assembly The act of calling a constitutional convention would show that a majority of the House of Representatives deemed it necessary to alter or amend the constitution. For, if they did not deem it necessary, they would take no steps to call a convention. But the constitution says, that when they deem it necessary to alter or amend the constitution they shall act in the method pointed out in the instrument. Can they act in another manner and not violate the constitution? About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Responding to Imperfection

Author : Sanford Levinson
Publisher : Princeton University Press
Page : 341 pages
File Size : 36,19 MB
Release : 1995-01-24
Category : Law
ISBN : 1400821630

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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.

Participatory Constitutional Change

Author : Xenophon Contiades
Publisher : Routledge
Page : 196 pages
File Size : 45,87 MB
Release : 2016-10-04
Category : Law
ISBN : 1317083881

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This book explores the recent trend of enhancing the role of the people in constitutional change. It traces the reasons underlying this tendency, the new ways in which it takes form, the possibilities of success and failure of such ventures as well as the risks and benefits it carries. To do so, it examines the theoretical aspects of public participation in constitutional decision-making, offers an analysis of the benefits gained and the problems encountered in countries with long-standing experience in the practice of constitutional referendums, discusses the recent innovative constitution-making processes employed in Iceland and Ireland in the post financial crisis context and probes the use of public participation in the EU context. New modes of deliberation are juxtaposed to traditional direct-democratic processes, while the reasons behind this re-emergence of public involvement narratives are discussed from the aspect of comparative constitutional design. The synthetic chapter offers an overview of the emerging normative and comparative issues and provides a holistic approach of the role of the people in constitutional change in an attempt to answer when, where and how this role may be successfully enhanced. The work consists of material specifically written for this volume, and authored by prominent constitutional scholars and experts in public participation and deliberative processes.

State Constitutions for the Twenty-first Century, Volume 2

Author : Frank P. Grad
Publisher : State University of New York Press
Page : 150 pages
File Size : 23,26 MB
Release : 2006-06-01
Category : Political Science
ISBN : 0791482324

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Constitutional reform requires not only good ideas but also the ability to translate those ideas into language that will effectuate the drafters' aims. This book—the second of three volumes on state constitutions—is the essential guide for those involved in constitutional reform. It identifies the recurrent problems that reformers face in drafting or amending state constitutions and explores how those problems might be addressed. It also explains why drafting state constitutions is a distinctive enterprise, different from the drafting of other legal documents.

New Constitutionalism in Latin America

Author : Almut Schilling-Vacaflor
Publisher : Routledge
Page : 436 pages
File Size : 18,68 MB
Release : 2016-04-29
Category : Political Science
ISBN : 1317088638

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Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.