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Constitutional Amendments - Making, Breaking, and Changing Constitutions (Hardcover)
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Constitutional Amendments - Making, Breaking, and Changing Constitutions (Hardcover)
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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.
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