Constitutional Amendments

Making, Breaking, and Changing Constitutions

Richard Albert (Autor)

Buch | Hardcover

350 Seiten

2019
Oxford University Press Inc (Verlag)
978-0-19-064048-4 (ISBN)

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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.

Richard Albert is the William Stamps Farish Professor in Law at the University of Texas at Austin.

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

Erscheinungsdatum	07.08.2019
Verlagsort	New York
Sprache	englisch
Maße	163 x 236 mm
Gewicht	590 g
Themenwelt	Recht / Steuern ► Allgemeines / Lexika
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Öffentliches Recht
	Sozialwissenschaften ► Politik / Verwaltung
ISBN-10	0-19-064048-0 / 0190640480
ISBN-13	978-0-19-064048-4 / 9780190640484
Zustand	Neuware