The foundations and traditions of constitutional amendment / edited by Richard Albert, Xenophon Contiades, and Alkmene Fotiadou.

Format:

Book

Contributor:

Albert, Richard D., editor.

Phōtiadou, Alkmēnē, editor.

Kontiadēs, Xenophōn, editor.

Series:

Hart studies in comparative public law ; v. 17.

Hart studies in comparative public law ; v. 17

Language:

English

Subjects (All):

Constitutional amendments.

Constitutional law.

Law reform.

Physical Description:

1 online resource (417 pages) : illustrations.

Place of Publication:

Oxford [UK] ; Portland, Oregon : Hart Publishing, 2017.

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 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

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.

Notes:

Includes index.

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509908288

1509908285

9781509908271

1509908277

9781509908264

1509908269

OCLC:

969973869