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Unconstitutional Constitutional Amendments

2017 Law
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Release : 2017
Genre : Law
Kind : eBook
Book Rating : 796/5 ( reviews)

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Book Synopsis Unconstitutional Constitutional Amendments by : Yaniv Roznai

Download or read book Unconstitutional Constitutional Amendments written by Yaniv Roznai. This book was released on 2017. Available in PDF, EPUB and Kindle. Book excerpt: Can constitutional amendments be unconstitutional? Using theoretical and comparative approaches, Roznai establishes the nature and scope of constitutional amendment powers by focusing on substantive limitations, looking at their prevalence in practice and the conceptual coherence of the very idea of limitations to constitutional amendment powers.

Unconstitutional Constitutional Amendments

2017-02-16 Law
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Release : 2017-02-16
Genre : Law
Kind : eBook
Book Rating : 442/5 ( reviews)

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Book Synopsis Unconstitutional Constitutional Amendments by : Yaniv Roznai

Download or read book Unconstitutional Constitutional Amendments written by Yaniv Roznai. This book was released on 2017-02-16. Available in PDF, EPUB and Kindle. Book excerpt: Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism to substantively limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.

Originalism and the Good Constitution

2013-11-01 Law
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Release : 2013-11-01
Genre : Law
Kind : eBook
Book Rating : 26X/5 ( reviews)

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Book Synopsis Originalism and the Good Constitution by : John O. McGinnis

Download or read book Originalism and the Good Constitution written by John O. McGinnis. This book was released on 2013-11-01. Available in PDF, EPUB and Kindle. Book excerpt: Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities--both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can originalism be justified, given the exclusion of African Americans and women from the Constitution and many of its subsequent Amendments? What is originalism's place in interpretation, after two hundred years of non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, now the most prominent theory of constitutional interpretation.

The Law and Politics of Unconstitutional Constitutional Amendments in Asia

2021 Constitutional amendments
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Release : 2021
Genre : Constitutional amendments
Kind : eBook
Book Rating : 625/5 ( reviews)

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Book Synopsis The Law and Politics of Unconstitutional Constitutional Amendments in Asia by : Ngoc Sn Bùi

Download or read book The Law and Politics of Unconstitutional Constitutional Amendments in Asia written by Ngoc Sn Bùi. This book was released on 2021. Available in PDF, EPUB and Kindle. Book excerpt: "This book explores and explains how and why the idea of unconstitutional constitutional amendment informs a range of political activities through diverse forums and by various social and political actors in both formal and informal constitutional amendment processes in Asia. The authors examine the process of, and judicial review of, constitutional amendment. The range of political activities explored include political debate, discourse, and mobilization surrounding the process of constitutional design and adjudication. The various and diverse forums discussed include legislative, judicial, and popular while the various social and political actors include judges, politicians, lawyers, scholars, political parties, and social movement activists"--

Courts, Politics and Constitutional Law

2019-10-16 Law
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Release : 2019-10-16
Genre : Law
Kind : eBook
Book Rating : 970/5 ( reviews)

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Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov

Download or read book Courts, Politics and Constitutional Law written by Martin Belov. This book was released on 2019-10-16. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

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