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Constitutional Amendments: Making, Breaking, And Changing Constitutions Is Both A Roadmap For Navigating The Intellectual Universe Of Constitutional Amendments And A Blueprint For Building And Improving The Rules Of Constitutional Change. Drawing From Dozens Of Constitutions In Every Region Of The World, This Book Blends Theory With Practice To Answer Two All-important Questions: What Is An Amendment And How Should Constitutional Designers Structure The Procedures Of Constitutional Change? The First Matters Now More Than Ever. Reformers Are Exploiting The Rules Of Constitutional Amendment, Testing The Limits Of Legal Constraint, Undermining The Norms Of Democratic Government, And Flouting The Constitution As Written To Create Entirely New Constitutions That Masquerade As Ordinary Amendments. The Second Question Is Central To The Performance And Endurance Of Constitutions. Constitutional Designers Today Have Virtually No Resources To Guide Them In Constructing The Rules Of Amendment, And Scholars Do Not Have A Clear Portrait Of The Significance Of Amendment Rules In The Project Of Constitutionalism. This Book Shows That No Part Of A Constitution Is More Important Than The Procedures We Use Change It. Amendment Rules Open A Window Into The Soul Of A Constitution, Exposing Its Deepest Vulnerabilities And Revealing Its Greatest Strengths. The Codification Of Amendment Rules Often At The End Of The Text Proves That Last Is Not Always Least.
This book investigates the fundamental nature of constitutional amendment procedures and their critical role in the stability and democratic legitimacy of modern governance. Richard Albert, a professor of constitutional law, synthesizes global comparative data to argue that amendment rules are the most significant component of any constitution. He posits that these procedures act as a barometer for democratic health, revealing how political actors manipulate legal frameworks to bypass established norms or consolidate power.
What You Will Find
Scope Limits
Legal scholars and political scientists identify this work as a primary resource for understanding the mechanics of constitutional change. Experts frequently note the clarity of the author's comparative methodology and the practical utility of the framework for those involved in constitutional design.
Page Count:
320
Publication Date:
2019-01-01
Publisher:
Oxford University Press
ISBN-10:
0190640499
ISBN-13:
9780190640491
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