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How Constitutions Change - A Comparative Study (Paperback)
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How Constitutions Change - A Comparative Study (Paperback)
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This set of essays explores how constitutions change and are
changed in a number of countries, and how the 'constitution' of the
EU changes and is changed. For a range of reasons, including
internal and external pressures, the constitutional arrangements in
many countries are changing. Constitutional change may be formal,
involving amendments to the texts of Constitutions or the passage
of legislation of a clearly constitutional kind, or informal and
organic, as where court decisions affect the operation of the
system of government, or where new administrative and other
arrangements (eg agencification) affect or articulate or alter the
operation of the constitution of the country, without the need to
resort to formal change. The countries in this study include, from
the EU, a common law country, a Nordic one, a former communist
state, several civil law systems, parliamentary systems and a
hybrid one (France). Chapters on non EU countries include two on
developing countries (India and South Africa), two on common law
countries without entrenched written constitutions (Israel and New
Zealand), a presidential system (the USA) and three federal ones
(Switzerland, the USA and Canada). In the last two chapters the
editors conduct a detailed comparative analysis of the
jurisdiction-based chapters and explore the question whether any
overarching theory or theories about constitutional change in
liberal democracies emerge from the study.
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