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Author: Kemal Gözler Publisher: Kemal Gözler ISBN: 9944141739 Category : Law Languages : en Pages : 142
Book Description
This monograph is an attempt to answer the following questions: Can constitutional courts review the constitutionality of constitutional amendments? If yes, to what extent? It is endeavored, in a comparative perspective, to answer these questions by examining the constitutions of several countries and the case law of the Austrian, German, Hungarian, Romanian, Slovenian and Turkish Constitutional Courts, French Constitutional Council, Indian, Irish, and the United States Supreme Courts.
Author: Kemal Gözler Publisher: Kemal Gözler ISBN: 9944141739 Category : Law Languages : en Pages : 142
Book Description
This monograph is an attempt to answer the following questions: Can constitutional courts review the constitutionality of constitutional amendments? If yes, to what extent? It is endeavored, in a comparative perspective, to answer these questions by examining the constitutions of several countries and the case law of the Austrian, German, Hungarian, Romanian, Slovenian and Turkish Constitutional Courts, French Constitutional Council, Indian, Irish, and the United States Supreme Courts.
Author: Yaniv Roznai Publisher: Oxford University Press ISBN: 0198768796 Category : Law Languages : en Pages : 369
Book Description
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.
Author: Alexander Hamilton Publisher: Read Books Ltd ISBN: 1528785878 Category : History Languages : en Pages : 420
Book Description
Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.
Author: Sanford Levinson Publisher: Princeton University Press ISBN: 1400821630 Category : Law Languages : en Pages : 341
Book Description
An increasing number of constitutional theorists, within both the legal academy and university departments of government, are focusing on the conceptual and political problems attached to the notion of constitutional amendment. Amendments are, among other things, recognitions of the imperfection of existing schemes of government. The relative ease or difficulty of amendment has significant implications for the ways that governments respond to problems that call either for new structures of governance or new powers for already established structures. This book brings together essays by leading legal authorities and political scientists on a range of questions from whether the U.S. Constitution is subject to amendment by procedures other than those authorized by Article V to how significant change is conceptualized within classical rabbinic Judaism. Though the essays are concerned for the most part with the American experience, other constitutional traditions are considered as well. The contributors include Bruce Ackerman, Akhil Reed Amar, Mark E. Brandon, David R. Dow, Stephen M. Griffin, Stephen Holmes and Cass R. Sunstein, Sanford Levinson, Donald Lutz, Walter Murphy, Frederick Schauer, John R. Vile, and Noam J. Zohar.
Author: Tom Ginsburg Publisher: Cambridge University Press ISBN: 9780521520393 Category : Law Languages : en Pages : 322
Book Description
New democracies around the world have adopted constitutional courts to oversee the operation of democratic politics. Where does judicial power come from, how does it develop in the early stages of democratic liberalization, and what political conditions support its expansion? This book answers these questions through an examination of three constitutional courts in Asia: Taiwan, Korea, and Mongolia. In a region that has traditionally viewed law as a tool of authoritarian rulers, constitutional courts in these three societies are becoming a real constraint on government. In contrast with conventional culturalist accounts, this book argues that the design and functioning of constitutional review are largely a function of politics and interests. Judicial review - the power of judges to rule an act of a legislature or national leader unconstitutional - is a solution to the problem of uncertainty in constitutional design. By providing insurance to prospective electoral losers, judicial review can facilitate democracy.
Author: Publisher: ISBN: Category : Constitutional law Languages : en Pages : 301
Book Description
There is a growing scholarly interest in the issue of unconstitutional constitutional amendments. Generally speaking, this issue concerns whether there should be some limits to constitutional amendments and whether courts should control those limits. In this sense, unconstitutional constitutional amendment exacerbates the debate concerning the legitimacy of judicial review qua institution, and moves the discussion one step further. The rise in interest among scholars of the issue of unconstitutional constitutional amendments derives from the fact that constitutional amendments are sometimes used as an instrument by authoritarian governments to achieve their aims. The judiciary in various jurisdictions gives negative or affirmative responses to this instrumentalization of constitutional amendments by reviewing the contents of amendments. Thus, judicial review of constitutional amendments on substantive grounds has become a new legal phenomenon, which deserves close consideration. The purpose of this thesis is to contribute to this literature. How is it possible for a court to declare an amendment unconstitutional? Under what conditions can the legality of an amendment be questioned? What substantive considerations outweigh the formal value of a duly adopted constitutional amendment, which is normally regarded as the highest legal source in modern legal systems? What kind of legal theory can explain this practice? These are some of the guiding questions, the analysis of which constitutes the main goal of our work. The analysis is based on the distinction between the aspects of legality and of legitimacy. The legality of a constitutional amendment concerns two considerations. The first is whether the amendment is legally valid in terms of the constitutional norms. The constitutional norms here refer mainly to the procedural requirements or amendment mechanism, which the constitutional amendments have to meet. The second consideration is whether the amendment must conform to some (superior) principles, values etc. Depending on how one conceives of those superior principles, one may approach the issue at hand from the natural law perspective or legal positivism. In the present work, we stick to the legal positivism in accounting for the legality of unconstitutional constitutional amendments. The legitimacy of a constitutional amendment concerns the merit of the amendment according to political morality, namely, whether it is a good or a bad thing, with regard to the value that the constitutional amendment should pursue. Equally, the legitimacy of the substantive ii judicial review of constitutional amendments concerns whether it is a bad or good thing to confer on a court of an extra-ordinary power in a system, which is subscribed to constitutional democracy. This is a normative account of legitimacy, but it is not the only one. Legitimacy may also be approached sociologically, i.e. descriptively. In the latter account, legitimacy is examined on the basis of the political morality, which a legal and political order actually aims to achieve and pursue. These actual aims might be ideal or not (from an outsider and/or insider point of view). We will follow this sociological account in our analysis of the legitimacy of the judicial review of constitutional amendments. The analysis of the issue is carried out through a comparative law perspective. In this respect, three jurisdictions are examined: Germany, India, and Turkey, which provide the most prominent examples of case law concerning the judicial review of constitutional amendments on substantive grounds.
Author: Thomas Bustamante Publisher: Springer ISBN: 3319283715 Category : Law Languages : en Pages : 330
Book Description
This volume critically discusses the relationship between democracy and constitutionalism. It does so with a view to respond to objections raised by legal and political philosophers who are sceptical of judicial review based on the assumption that judicial review is an undemocratic institution. The book builds on earlier literature on the moral justification of the authority of constitutional courts, and on the current attempts to develop a system on “weak judicial review”. Although different in their approach, the chapters all focus on devising institutions, procedures and, in a more abstract way, normative conceptions to democratize constitutional law. These democratizing strategies may vary from a radical objection to the institution of judicial review, to a more modest proposal to justify the authority of constitutional courts in their “deliberative performance” or to create constitutional juries that may be more aware of a community’s constitutional morality than constitutional courts are. The book connects abstract theoretical discussions about the moral justification of constitutionalism with concrete problems, such as the relation between constitutional adjudication and deliberative democracy, the legitimacy of judicial review in international institutions, the need to create new institutions to democratize constitutionalism, the connections between philosophical conceptions and constitutional practices, the judicial review of constitutional amendments, and the criticism on strong judicial review.
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Amendments Publisher: ISBN: Category : Eminent domain Languages : en Pages : 24
Author: Kemal Gözler
Author: Kemal Gözler
Author: Yaniv Roznai
Author: Alexander Hamilton
Author: Paul R. Dimond
Author: Sanford Levinson
Author: Tom Ginsburg
Author: 
Author: Thomas Bustamante
Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Constitutional Amendments
Author: John Agresto