| Description |
1 online resource. |
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text file |
| Series |
Hart studies in comparative public law ; v. 17
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Hart studies in comparative public law ; v. 17.
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| Bibliography |
Includes bibliographical references and index. |
| Contents |
Amendment power, constituent power, and popular sovereignty : linking unamendability and amendment procedures / Yaniv Roznai -- Constitutional theory and cognitive estrangement : beyond revolutions, amendments, and constitutional moments / Zoran Oklopcic -- Constraints on constitutional amendment powers / Oran Doyle -- Comment on Doyle's constraints on constitutional amendment powers / Mark Tushnet -- Constituting the amendment power : a framework for comparative amendment law / Thomaz Pereira -- Siey's The spirit of constitutional democracy? / Luisa Fernanda García López -- Revolutionary reform in Venezuela : electoral rules and historical narratives in the creation of the 1999 Constitution / Joshua Braver -- "Revolutionary reform" and the seduction of constitutionalism / Juliano Zaiden Benvindo -- Constitutional sunrise / Sofia Ranchordás -- Constitutional change and interest group politics : Ireland's children's rights referendum / Oran Doyle and David Kenny -- Amendment-metrics : the good, the bad, and the frequently amended constitution / Xenophon Contiades and Alkmene Fotiadou -- Metrics : the good, the bad, and the frequently amended constitution / James E Fleming -- Formal amendment rules and constitutional endurance : the strange case of the commonwealth Caribbean / Derek O'Brien -- Constituting "the people" : the paradoxical place of the formal amendment procedure in Australian constitutionalism / Lael K Weis -- Hard amendment cases in Canada / Kate Glover -- The French people's role in amending the constitution : a French constitutional analysis from a pure legal perspective / Jean-Philippe Derosier -- The implication of conflation of normal and "constitutional politics" on constitutional change in Africa / Duncan Okubasu -- Direct democracy and constitutional change in the US : institutional learning from state laboratories / Dr Jurgen Goossens. |
| Summary |
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 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, 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.-- Provided by Publisher. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Constitutional amendments.
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Constitutional amendments. |
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Constitutional law.
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Constitutional law. |
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Law reform.
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Law reform. |
| Genre/Form |
Electronic books.
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| Added Author |
Albert, Richard (Law professor), editor.
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Kontiadēs, Xenophōn I., editor.
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Phōtiadou, Alkmēnē, editor.
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| Other Form: |
Print version: Foundations and traditions of constitutional amendment. Oxford ; Portland, Oregon : Hart Publishing, 2017 9781509908257 (DLC) 2017002144 (OCoLC)959885813 |
| ISBN |
9781509908264 (electronic book) |
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1509908269 (electronic book) |
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9781509908288 |
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1509908285 |
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1509908250 |
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9781509908257 |
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1509908277 |
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9781509908271 |
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9781509908257 (hardback ; alkaline paper) |
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9781509908271 (PDF) |
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