Responding to Imperfection: The Theory and Practice of Constitutional Amendment / Edition 1

Responding to Imperfection: The Theory and Practice of Constitutional Amendment / Edition 1

by Sanford Levinson
     
 

ISBN-10: 0691025703

ISBN-13: 9780691025704

Pub. Date: 01/24/1995

Publisher: Princeton University Press

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

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Overview

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.

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Product Details

ISBN-13:
9780691025704
Publisher:
Princeton University Press
Publication date:
01/24/1995
Edition description:
New Edition
Pages:
352
Product dimensions:
6.10(w) x 9.22(h) x 0.87(d)

Table of Contents

Acknowledgments
1Introduction: Imperfection and Amendability3
2How Many Times Has the United States Constitution Been Amended? (A) < 26; (B) 26; (C) 27; (D) > 27: Accounting for Constitutional Change13
3Constitutionalism in the United States: From Theory to Politics37
4Higher Lawmaking63
5Popular Sovereignty and Constitutional Amendment89
6The Plain Meaning of Article V117
7Amending the Presuppositions of a Constitution145
8Merlin's Memory: The Past and Future Imperfect of the Once and Future Polity163
9The Case against Implicit Limits on the Constitutional Amending Process191
10The "Original" Thirteenth Amendment and the Limits to Formal Constitutional Change215
11Toward a Theory of Constitutional Amendment237
12The Politics of Constitutional Revision in Eastern Europe275
13Midrash: Amendment through the Molding of Meaning307
Appendix: Amending Provisions of Selected New Constitutions in Eastern Europe319
Contributors325
Index327

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