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Vol 24 No 8 Aug/Sept 2019

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The Foundations and Traditions of Constitutional Amendment (eBook)

Edited by: Richard Albert,  Xenophon Contiades, Alkmene Fotiadou

ISBN13: 9781509908264
Published: July 2017
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
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At both the national level and from a comparative angle, the most important emerging trend in constitutional law is the effort to understand how constitutions change by seeking to understand constitutions, constitutional identity, political and constitutional actors, and constitutionalism itself.

Much of the innovative dialogue ongoing in the field, creating new theories and understandings, revolves around comparative constitutional amendment.

This volume aspires to be the first to cover comprehensively the new dimensions of the study of constitutional amendment, and will become a reference point for all scholars working on the subject. The volume covers all the topics where innovative work is being done, such as the notion of the people, the trend of empirical quantitative approaches to constitutional change, unamendability, sunrise clauses, constitutional referenda, reconceptualizing the conventional divide between constituent and constituted powers, among others important subjects.

Moreover, the volume brings together some of the most recognizable names currently writing in the field. Most importantly, the volume is in many ways a dialogue that cuts through these innovative conceptualizations and highlights scholarly disagreement and, in so doing, puts ideas to the test.

The volume therefore captures the fierce ongoing debates on the relevant topics, it reveals the current trends and contested issues, and it offers a variety of arguments elaborated by prominent experts in the field. It will open the way for further dialogue.

Subjects:
Constitutional and Administrative Law, eBooks
Contents:
Introduction: The State of the Art in Constitutional Amendment
Richard Albert
1. Amendment Power, Constituent Power, and Popular Sovereignty: Linking Unamendability and Amendment Procedures
Yaniv Roznai
2. Constitutional Theory and Cognitive Estrangement: Beyond Revolutions, Amendments and Constitutional Moments
Zoran Oklopcic
3. Constraints on Constitutional Amendment Powers
Oran Doyle
4. Comment on Doyle's Constraints on Constitutional Amendment Powers
Mark Tushnet
5. Constituting the Amendment Power: A Framework for Comparative Amendment Law
Thomaz Pereira
6. Sieyès: The Spirit of Constitutional Democracy?
Luisa Fernanda García López
7. Revolutionary Reform in Venezuela: Electoral Rules and Historical Narratives in the Creation of the 1999 Constitution
Joshua Braver
8. 'Revolutionary Reform' and the Seduction of Constitutionalism
Juliano Zaiden Benvindo
9. Constitutional Sunrise
Sofia Ranchordás
10. Constitutional Change and Interest Group Politics: Ireland's Children's Rights Referendum
Oran Doyle and David Kenny
11. Amendment-Metrics: The Good, the Bad and the Frequently Amended Constitution
Xenophon Contiades and Alkmene Fotiadou
12. Comment on Amendment-Metrics: The Good, the Bad and the Frequently Amended Constitution
James E Fleming
13. Constituting 'the People': The Paradoxical Place of the Formal Amendment Procedure in Australian Constitutionalism
Lael K Weis
14. Hard Amendment Cases in Canada
Kate Glover
15. Formal Amendment Rules and Constitutional Endurance: The Strange Case of the Commonwealth Caribbean
Derek O'Brien
16. The French People's Role in Amending the Constitution: A French Constitutional Analysis from a Pure Legal Perspective
Jean-Philippe Derosier
17. The Implication of Conflation of Normal and 'Constitutional Politics' on Constitutional Change in Africa
Duncan Okubasu
18. Direct Democracy and Constitutional Change in the US: Institutional Learning from State Laboratories
Jurgen Goossens
Conclusion: The Emergence of Comparative Constitutional Amendment as a New Discipline: Towards a Paradigm Shift
Xenophon Contiades and Alkmene Fotiadou

Series: Hart Studies in Comparative Public Law

The Federal Idea: Public Law Between Governance and Political Life ISBN 9781509935673
To be published December 2019
Hart Publishing
£35.00
The Foundations and Traditions of Constitutional Amendment ISBN 9781509934638
To be published November 2019
Hart Publishing
£50.00
Human Rights and Judicial Review in Australia and Canada: The Newest Despotism? ISBN 9781509933105
To be published October 2019
Hart Publishing
£40.00
Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781509932115
To be published September 2019
Hart Publishing
£35.00
Principled Reasoning in Human Rights Adjudication ISBN 9781509931323
Published August 2019
Hart Publishing
£35.00
Legitimate Expectations in the Common Law World ISBN 9781509929733
Published May 2019
Hart Publishing
£40.00
Regulation in India: Design, Capacity, Performance ISBN 9781509927562
Published April 2019
Hart Publishing
£95.00
Regulation in India: Design, Capacity, Performance (eBook) ISBN 9781509927739
Published April 2019
Hart Publishing
£85.50 + £17.10 VAT
(ePub)
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£50.00
£60.00
Trial by Jury and Counter-Terrorism ISBN 9781849465397
Published August 2018
Hart Publishing
Publication Abandoned
Soft Law and Public Authorities: Remedies and Reform ISBN 9781509922062
Published May 2018
Hart Publishing
£32.99
£58.50 + £11.70 VAT
(ePub)
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Human Rights in the UK and the Influence of Foreign Jurisprudence ISBN 9781509904945
Published May 2018
Hart Publishing
£65.00
Administrative Law and Judicial Deference ISBN 9781509921133
Published April 2018
Hart Publishing
£32.99
Australian Constitutional Values (eBook) ISBN 9781509918416
Published February 2018
Hart Publishing
£72.00 + £14.40 VAT
(ePub)
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Australian Constitutional Values ISBN 9781509918409
Published February 2018
Hart Publishing
£80.00
Entick v Carrington: 250 Years of the Rule of Law ISBN 9781509918324
Published December 2017
Hart Publishing
£29.99
Governance by Numbers: The Making of a Legal Model of Allegiance ISBN 9781509907748
Published November 2017
Hart Publishing
£65.00
£45.00 + £9.00 VAT
(ePub)
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£100.00
The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781509917044
Published September 2017
Hart Publishing
£27.99
The Right to Freedom of Assembly: A Comparative Study ISBN 9781509916016
Published August 2017
Hart Publishing
£33.99
The Federal Idea: Public Law Between Governance and Political Life
Edited by: Amnon Lev
ISBN 9781509907113
Published August 2017
Hart Publishing
£70.00
The Federal Idea: Public Law Between Governance and Political Life (eBook)
Edited by: Amnon Lev
ISBN 9781509907120
Published August 2017
Hart Publishing
£63.00 + £12.60 VAT
(ePub)
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£100.00
Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781509915453
Published June 2017
Hart Publishing
£36.99
£76.50 + £15.30 VAT
(ePub)
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Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781782256427
Published May 2017
Hart Publishing
£70.00
£31.50 + £6.30 VAT
(ePub)
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Principled Reasoning in Human Rights Adjudication (eBook) ISBN 9781782259824
Published April 2017
Hart Publishing
£31.50 + £6.30 VAT
(ePub)
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Principled Reasoning in Human Rights Adjudication ISBN 9781782259817
Published April 2017
Hart Publishing
£70.00
£31.50 + £6.30 VAT
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£70.00
Legitimate Expectations in the Common Law World ISBN 9781849467780
Published January 2017
Hart Publishing
£85.00
Legitimate Expectations in the Common Law World (eBook) ISBN 9781509909506
Published January 2017
Hart Publishing
£36.00 + £7.20 VAT
(ePub)
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Soft Law and Public Authorities: Remedies and Reform ISBN 9781782256885
Published February 2016
Hart Publishing
£65.00
Soft Law and Public Authorities: Remedies and Reform (eBook) ISBN 9781782256892
Published February 2016
Hart Publishing
£29.68 + £5.94 VAT
(ePub)
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£80.00
£34.18 + £6.84 VAT
(ePub)
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Administrative Law and Judicial Deference ISBN 9781849462778
Published January 2016
Hart Publishing
£70.00
Administrative Law and Judicial Deference (eBook) ISBN 9781782253365
Published January 2016
Hart Publishing
£29.68 + £5.94 VAT
(ePub)
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Entick v Carrington: 250 Years of the Rule of Law (eBook) ISBN 9781509901944
Published September 2015
Hart Publishing
£26.98 + £5.40 VAT
(ePub)
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Entick v Carrington: 250 Years of the Rule of Law ISBN 9781849465588
Published September 2015
Hart Publishing
£65.00
The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781849464680
Published June 2015
Hart Publishing
£70.00
£25.18 + £5.04 VAT
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The Right to Freedom of Assembly: A Comparative Study (eBook) ISBN 9781782259862
Published May 2015
Hart Publishing
£30.58 + £6.12 VAT
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The Right to Freedom of Assembly: A Comparative Study ISBN 9781849467216
Published May 2015
Hart Publishing
£80.00
Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781849465618
Published March 2015
Hart Publishing
£80.00
£33.28 + £6.66 VAT
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Human Rights Acts: The Mechanisms Compared (eBook) ISBN 9781782254843
Published January 2015
Hart Publishing
£38.68 + £7.74 VAT
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Human Rights Acts: The Mechanisms Compared ISBN 9781849460965
Published January 2015
Hart Publishing
£42.99
The Use of Foreign Precedents by Constitutional Judges ISBN 9781849466592
Published June 2014
Hart Publishing
£33.99
Constitutionalising Secession (eBook) ISBN 9781782253310
Published February 2014
Hart Publishing
£67.50 + £13.50 VAT
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Constitutionalising Secession ISBN 9781849464376
Published February 2014
Hart Publishing
£75.00
Israeli Constitutional Law in the Making ISBN 9781849464093
Published October 2013
Hart Publishing
£110.00
Israeli Constitutional Law in the Making (eBook) ISBN 9781782251859
Published October 2013
Hart Publishing
£99.00 + £19.80 VAT
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849462716
Published March 2013
Hart Publishing
£75.00
The Use of Foreign Precedents by Constitutional Judges (eBook) ISBN 9781782251019
Published March 2013
Hart Publishing
£67.50 + £13.50 VAT
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