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Constitutional Amendments

Constitutional Amendments
Author: Richard Albert
Publisher: Oxford University Press
Total Pages: 320
Release: 2019-07-15
Genre: Law
ISBN: 0190640499

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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.


Constitutional Amendments

Constitutional Amendments
Author: Richard Albert
Publisher: Oxford University Press, USA
Total Pages: 353
Release: 2019
Genre: Law
ISBN: 0190640480

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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.


Our Changing Constitution

Our Changing Constitution
Author: James Montgomery Beck
Publisher:
Total Pages: 40
Release: 1927
Genre: Constitutional law
ISBN:

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The Methods of Changing the Constitutions of the States

The Methods of Changing the Constitutions of the States
Author:
Publisher: Forgotten Books
Total Pages: 240
Release: 2015-07-15
Genre: Political Science
ISBN: 9781331448280

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Excerpt from The Methods of Changing the Constitutions of the States: Especially That of Rhode Island Most of the papers in this compilation have been prepared with a view to the practical action, at the times when they were issued, of the people and the legislators of the State of Rhode Island. They were not intended as literary or didactic treatises. They relate to a subject of no slight importance in the history and institutions of our American States, settled indeed in many, yet undetermined in some, - a subject upon which but little has been written. An English nobleman, than whom no one in foreign lands is more instructed, very recently told an American citizen that he was not able to find anything in print upon the subject of the mode of changing the American State constitutions. Jameson had indeed, in his work upon conventions, written some years since, given attention to the subject. But our works upon general constitutional law hardly refer to it. The action of our States has not yet passed into written history. The purpose of the compilation is to show that there are at least two methods of constitutional change in a State constitution; the first and original one consisting in the action of a convention of delegates elected by the people to frame a new or amended constitution, and the adoption of such new constitution by vote of a majority of the people of the State; all the proceedings being conducted pursuant to a law passed by the existing government. The second method arises from an express provision of an existing constitution (first introduced about 1820), which authorizes a legislature, with certain precautions, to propose amendments of the constitution to the people, to be determined by their majority vote. 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.


Changing Federal Constitutions

Changing Federal Constitutions
Author: Arthur Benz
Publisher: Verlag Barbara Budrich
Total Pages: 420
Release: 2012-05-30
Genre: Political Science
ISBN: 3866495536

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This book analyses constitutional change in federal and decentralizing countries from a comparative perspective. The authors identify structures, processes and strategies which have proven to favour successful constitutional amendment. Thereby, the book enables public officials, scholars, and students to learn from the constitutional reform experiences of other federal democracies and from practical suggestions how future reforms could be designed. From the Contents: The Relevance of Constitutional Change Constitutional Reform in “Co-operative” Federalism Constitutional Reform in Federal Systems with Divided Societies Devolution and Regionalisation in Federalising States Processes of Ratification Evolution after a Constitutional Reform Conclusion


Our Changing Constitution

Our Changing Constitution
Author: Charles Wheeler Pierson
Publisher:
Total Pages: 218
Release: 1922
Genre: Constitutional history
ISBN:

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Our Undemocratic Constitution

Our Undemocratic Constitution
Author: Sanford Levinson
Publisher: Oxford University Press
Total Pages: 260
Release: 2008
Genre: Law
ISBN: 0195365577

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Levinson here argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Worse, our Constitution is the most difficult to amend or update in the world. Levinson boldly challenges the Americans to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.


Our Changing Constitution

Our Changing Constitution
Author: Charles Wheeler Pierson
Publisher: Createspace Independent Publishing Platform
Total Pages: 120
Release: 2018-08-14
Genre:
ISBN: 9781725135314

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Our Changing Constitution: Large Print By Charles Wheeler Pierson The Constitution was the work of a convention of delegates from the states, who met in Philadelphia in May, 1787, and labored together for nearly four months. They included a large part of the best character and intellect of the country. George Washington presided over their deliberations. The delegates had not been called together for the purpose of organizing a new government. Their instructions were limited to revising and proposing improvements in the Articles of the existing Confederation, whose inefficiency and weakness, now that the cohesive power of common danger in the war of the Revolution was gone, had become a byword. This task, however, was decided to be hopeless, and with great boldness the convention proceeded to disregard instructions and prepare a wholly new Constitution constructed on a plan radically different from that of the Articles of Confederation. The contents of the Constitution, as finally drafted and submitted for ratification, may be described in few words. It created a legislative department consisting of a Senate and a House of Representatives, an executive department headed by a President, and a judicial department headed by a Supreme Court, and prescribed in general terms the qualifications, powers, and functions of each. It provided for the admission of new states into the Union and that the United States should guarantee to every state a republican form of government. It declared that the Constitution and the laws of the United States made in pursuance thereof, and treaties, should be the supreme law of the land. It provided a method for its own amendment. Save for a few other brief clauses, that was all. There was no proclamation of Democracy; no trumpet blast about the rights of man such as had sounded in the Declaration of Independence. On the contrary, the instrument expressly recognized human slavery, though in discreet and euphemistic phrases. We are delighted to publish this classic book as part of our extensive Classic Library collection. Many of the books in our collection have been out of print for decades, and therefore have not been accessible to the general public. The aim of our publishing program is to facilitate rapid access to this vast reservoir of literature, and our view is that this is a significant literary work, which deserves to be brought back into print after many decades. The contents of the vast majority of titles in the Classic Library have been scanned from the original works. To ensure a high quality product, each title has been meticulously hand curated by our staff. Our philosophy has been guided by a desire to provide the reader with a book that is as close as possible to ownership of the original work. We hope that you will enjoy this wonderful classic work, and that for you it becomes an enriching experience.