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The Architecture of Constitutional Amendments - History, Law, Politics (Hardcover)
Loot Price: R3,071
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The Architecture of Constitutional Amendments - History, Law, Politics (Hardcover)
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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.
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