The Architecture of Constitutional Amendments: History, Law, Politics
Richard Albert
2023년 5월 · Bloomsbury Publishing
eBook
336
페이지
report검증되지 않은 평점과 리뷰입니다. 자세히 알아보기
eBook 정보
This innovative book blends constitutional theory with real-life political practice to explore the impact of codifying constitutional amendments on the operation of the constitution in relation to democracy, the rule of law, and the separation of powers.
It draws from comparative, historical, political and theoretical perspectives to answer questions all constitutional designers should ask themselves:
- Should the constitution append amendments sequentially to the end of the text?
- Should it embed amendments directly into the existing text, with notations about what has been modified and how?
- Should it instead insert amendments into the text without indicating at all that any alteration has occurred?
The book examines the 3 major models of amendment codification – the appendative, the integrative, and the invisible models – and also shows how some jurisdictions have innovated alternative forms of amendment codification that combine elements of more than 1 model in a unique hybridisation driven by history, law, and politics.
Constitutional designers rarely consider where in the constitution to codify amendments once they are ratified. Yet this choice is pivotal to the operation of any constitution. This groundbreaking book shows why the placement of constitutional amendments goes well beyond mere aesthetics. It influences how and whether a people remembers its past, how the constitutional text will be interpreted and by whom, and whether the constitution will be easily accessible to the governed.
A global tour of the high stakes of constitution-making, this book features 18 diverse and outstanding scholars from around the world – across Africa, America, Asia and Oceania, and Europe – raising new questions, opening our eyes to new streams of research, and uncovering new possibilities for constitutional design.
It draws from comparative, historical, political and theoretical perspectives to answer questions all constitutional designers should ask themselves:
- Should the constitution append amendments sequentially to the end of the text?
- Should it embed amendments directly into the existing text, with notations about what has been modified and how?
- Should it instead insert amendments into the text without indicating at all that any alteration has occurred?
The book examines the 3 major models of amendment codification – the appendative, the integrative, and the invisible models – and also shows how some jurisdictions have innovated alternative forms of amendment codification that combine elements of more than 1 model in a unique hybridisation driven by history, law, and politics.
Constitutional designers rarely consider where in the constitution to codify amendments once they are ratified. Yet this choice is pivotal to the operation of any constitution. This groundbreaking book shows why the placement of constitutional amendments goes well beyond mere aesthetics. It influences how and whether a people remembers its past, how the constitutional text will be interpreted and by whom, and whether the constitution will be easily accessible to the governed.
A global tour of the high stakes of constitution-making, this book features 18 diverse and outstanding scholars from around the world – across Africa, America, Asia and Oceania, and Europe – raising new questions, opening our eyes to new streams of research, and uncovering new possibilities for constitutional design.
저자 정보
Richard Albert is Director of Constitutional Studies, William Stamps Farish Professor in Law, and Professor of Government at the University of Texas at Austin, USA.
이 eBook 평가
의견을 알려주세요.
읽기 정보
스마트폰 및 태블릿
노트북 및 컴퓨터
컴퓨터의 웹브라우저를 사용하여 Google Play에서 구매한 오디오북을 들을 수 있습니다.
eReader 및 기타 기기
Kobo eReader 등의 eBook 리더기에서 읽으려면 파일을 다운로드하여 기기로 전송해야 합니다. 지원되는 eBook 리더기로 파일을 전송하려면 고객센터에서 자세한 안내를 따르세요.
