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Books > Law > Jurisprudence & general issues > Comparative law
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The Foundations and Traditions of Constitutional Amendment (Paperback)
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The Foundations and Traditions of Constitutional Amendment (Paperback)
Series: Hart Studies in Comparative Public Law
Expected to ship within 18 - 22 working days
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There is growing interest in constitutional amendment from a
comparative perspective. Comparative constitutional amendment is
the study of how constitutions change through formal and informal
means, including alteration, revision, evolution, interpretation,
replacement and revolution. The field invites scholars to draw
insights about constitutional change across borders and cultures,
to uncover the motivations behind constitutional change, to
theorise best practices, and to identify the theoretical
underpinnings of constitutional change. This volume is designed to
guide the emergence of comparative constitutional amendment as a
distinct field of study in public law. Much of the recent
scholarship in the field has been written by the scholars assembled
in this volume. This book, like the field it hopes to shape, is not
comparative alone; it is also doctrinal, historical and
theoretical, and therefore offers a multiplicity of perspectives on
a subject about which much remains to be written. This book aspires
to be the first to address comprehensively the new dimensions of
the study of constitutional amendment, and will become a reference
point for all scholars working on the subject. The volume covers
all of the topics where innovative work is being done, such as the
notion of the people, the trend of empirical quantitative
approaches to constitutional change, unamendability, sunrise
clauses, constitutional referenda, the conventional divide between
constituent and constituted powers, among other important subjects.
It creates a dialogue that cuts through these innovative
conceptualisations and highlights scholarly disagreement and, in so
doing, puts ideas to the test. The volume therefore captures the
fierce ongoing debates on the relevant topics, it reveals the
current trends and contested issues, and it offers a variety of
arguments elaborated by prominent experts in the field. It will
open the way for further dialogue.
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