Constitutional Amendments
Making, Breaking, and Changing Constitutions
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Product details:
- Publisher OUP USA
- Date of Publication 16 September 2019
- ISBN 9780190640484
- Binding Hardback
- No. of pages350 pages
- Size 236x163x33 mm
- Weight 590 g
- Language English 0
Categories
Short description:
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. 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 amendment?
MoreLong description:
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.
This is the most in-depth and extensive analysis of constitutional amendments currently available. Albert takes an approach that is both comparative, covering all the regions of the world, and topical, addressing issues that have been understudied or altogether neglected. ... Summing Up: Recommended. Upper-division undergraduates through faculty and professionals.
Table of Contents:
Acknowledgements
Contents
Introduction-Uncharted Terrain in Constitutional Amendment
Part One: Forms and Functions
Chapter I-Why Amendment Rules?
Chapter II-The Boundaries of Constitutional Amendment
Part Two: Flexibility and Rigidity
Chapter III-Measuring Amendment Difficulty
Chapter IV-The Three Varieties of Unamendability
Part Three: Creation and Reform
Chapter V-The Architecture of Constitutional Amendment
Chapter VI-Finding Constitutional Amendments
Conclusion-The Rules of Law
