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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)
Price: £62.99
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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

Constitutional Courts, Media and Public Opinion ISBN 9781509953646
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The Role of Monarchy in Modern Democracy: European Monarchies Compared ISBN 9781509931019
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Australian Constitutional Values
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ISBN 9781509939510
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Governance by Numbers: The Making of a Legal Model of Allegiance
Alain Supiottranslated by Saskia Brown
ISBN 9781509936977
Published March 2020
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The Federal Idea: Public Law Between Governance and Political Life ISBN 9781509935673
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The Foundations and Traditions of Constitutional Amendment ISBN 9781509934638
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Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781509932115
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Principled Reasoning in Human Rights Adjudication ISBN 9781509931323
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£39.99
Legitimate Expectations in the Common Law World ISBN 9781509929733
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Regulation in India: Design, Capacity, Performance ISBN 9781509927562
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Human Rights in the UK and the Influence of Foreign Jurisprudence ISBN 9781509904945
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Published August 2018
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Soft Law and Public Authorities: Remedies and Reform ISBN 9781509922062
Published May 2018
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£38.99
Administrative Law and Judicial Deference ISBN 9781509921133
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Australian Constitutional Values (eBook) ISBN 9781509918416
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Australian Constitutional Values ISBN 9781509918409
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Entick v Carrington: 250 Years of the Rule of Law ISBN 9781509918324
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Governance by Numbers: The Making of a Legal Model of Allegiance ISBN 9781509907748
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The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781509917044
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The Right to Freedom of Assembly: A Comparative Study ISBN 9781509916016
Published August 2017
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£39.99
The Federal Idea: Public Law Between Governance and Political Life
Edited by: Amnon Lev
ISBN 9781509907113
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The Federal Idea: Public Law Between Governance and Political Life (eBook)
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Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781509915453
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Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781782256427
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Principled Reasoning in Human Rights Adjudication (eBook) ISBN 9781782259824
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Principled Reasoning in Human Rights Adjudication ISBN 9781782259817
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Legitimate Expectations in the Common Law World ISBN 9781849467780
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Legitimate Expectations in the Common Law World (eBook) ISBN 9781509909506
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Soft Law and Public Authorities: Remedies and Reform (eBook) ISBN 9781782256892
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Soft Law and Public Authorities: Remedies and Reform ISBN 9781782256885
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Administrative Law and Judicial Deference (eBook) ISBN 9781782253365
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Administrative Law and Judicial Deference ISBN 9781849462778
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Entick v Carrington: 250 Years of the Rule of Law ISBN 9781849465588
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Entick v Carrington: 250 Years of the Rule of Law (eBook) ISBN 9781509901944
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The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781849464680
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The Right to Freedom of Assembly: A Comparative Study ISBN 9781849467216
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The Right to Freedom of Assembly: A Comparative Study (eBook) ISBN 9781782259862
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Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781849465618
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Human Rights Acts: The Mechanisms Compared ISBN 9781849460965
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