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Vol 24 No 8 Aug/Sept 2019

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Fisher and Lightwood's Law of Mortgage

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The Foundations and Traditions of Constitutional Amendment

Edited by: Richard Albert, Xenophon Contiades, Alkmene Fotiadou

ISBN13: 9781509934638
To be Published: November 2019
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £50.00



There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change. This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent scholarship in the field has been written by the scholars assembled in this volume. This book, like the field it hopes to shape, is not comparative alone, it is also doctrinal, historical and theoretical, and therefore offers a multiplicity of perspectives on a subject about which much remains to be written.

This book aspires to be the first to address 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 of 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, the conventional divide between constituent and constituted powers, among other important subjects. It creates a dialogue that cuts through these innovative conceptualisations 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, Comparative Law
Contents:
Introduction: The State of the Art in Constitutional Amendment - Richard Albert
I. Defining the Field II. The Architecture of Constitutional Amendment Rules III. Amendment as Constitution Part I: The Foundations of Constitutional Amendment
1. Amendment Power, Constituent Power, and Popular Sovereignty: Linking Unamendability and Amendment Procedures - Yaniv Roznai
I. Introduction II. Unamendability and Constituent Power III. The Constitutionalisation of Primary Constituent Power IV. The Spectrum of Constitutional Amendment Powers V. Conclusion
2. Constitutional Theory and Cognitive Estrangement: Beyond Revolutions, Amendments and Constitutional Moments - Zoran Oklopcic
I. Introduction: The Person of `The People' and A Three-Fold Cognitive Estrangement II. Beyond `The People': New Tropes, Old Anxieties III. Three Forms of Estrangement-prevention: Holmes, Pettit, Dworkin IV. Tertium Datur: Mapping Constitutional Change Between the Revolution and the Amendment V. Towards a Different Familiarity: `The People', The Paradox and The Sacrifice
3. Constraints on Constitutional Amendment Powers - Oran Doyle
I. Introduction II. A Doctrine of Unconstitutional Constitutional Amendments III. Constraint and Powers of Constitutional Change IV. The Types of Constraint on Constitutional Amendment Powers V. Distribution of Power and the Justification of Constraint VI. Justification of Constraints on Constitutional Amendment Powers VII. Conclusion
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
I. Introduction II. Conclusion
6. Sieyes: The Spirit of Constitutional Democracy? - Luisa Fernanda Garcia Lopez
I. Introduction II. Towards a Representative Democracy III. Towards a Constitutional Democracy IV. Conclusion
7. Revolutionary Reform in Venezuela: Electoral Rules and Historical Narratives in the Creation of the 1999 Constitution - Joshua Braver
I. Introduction II. Carl Schmitt's Unfortunate Victory over Hannah Arendt in the Analysis of Popular Constitution-Making III. Hannah Arendt's Revolutionary Reform IV. Hugo Chavez's Radical and Original Constituent Power V. The Turning Point: The Electoral Rules for the Constituent Assembly VI. Radical Breaks and Exclusionary Mandates VII. Conclusion

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
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 (eBook) ISBN 9781509927739
Published April 2019
Hart Publishing
£85.50 + £17.10 VAT
(ePub)
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Regulation in India: Design, Capacity, Performance ISBN 9781509927562
Published April 2019
Hart Publishing
£95.00
£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
Human Rights in the UK and the Influence of Foreign Jurisprudence ISBN 9781509904945
Published May 2018
Hart Publishing
£65.00
£58.50 + £11.70 VAT
(ePub)
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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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£90.00 + £18.00 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
(ePub)
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£70.00
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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Legitimate Expectations in the Common Law World ISBN 9781849467780
Published January 2017
Hart Publishing
£85.00
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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Soft Law and Public Authorities: Remedies and Reform ISBN 9781782256885
Published February 2016
Hart Publishing
£65.00
£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)
Buy
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
(ePub)
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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
(ePub)
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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
(ePub)
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Human Rights Acts: The Mechanisms Compared ISBN 9781849460965
Published January 2015
Hart Publishing
£42.99
Human Rights Acts: The Mechanisms Compared (eBook) ISBN 9781782254843
Published January 2015
Hart Publishing
£38.68 + £7.74 VAT
(ePub)
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849466592
Published June 2014
Hart Publishing
£33.99
Constitutionalising Secession ISBN 9781849464376
Published February 2014
Hart Publishing
£75.00
Constitutionalising Secession (eBook) ISBN 9781782253310
Published February 2014
Hart Publishing
£67.50 + £13.50 VAT
(ePub)
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Israeli Constitutional Law in the Making (eBook) ISBN 9781782251859
Published October 2013
Hart Publishing
£99.00 + £19.80 VAT
(ePub)
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Israeli Constitutional Law in the Making ISBN 9781849464093
Published October 2013
Hart Publishing
£110.00
The Use of Foreign Precedents by Constitutional Judges (eBook) ISBN 9781782251019
Published March 2013
Hart Publishing
£67.50 + £13.50 VAT
(ePub)
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849462716
Published March 2013
Hart Publishing
£75.00