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Engineering Constitutional Change - A Comparative Perspective on Europe, Canada and the USA (Hardcover)
Loot Price: R4,690
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Engineering Constitutional Change - A Comparative Perspective on Europe, Canada and the USA (Hardcover)
Series: Routledge Research in Constitutional Law
Expected to ship within 9 - 15 working days
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This volume provides a holistic presentation of the reality of
constitutional change in 18 countries (the 15 old EU member states,
Canada, Switzerland and the USA). The essays offer analysis on
formal and informal constitutional amendment bringing forth the
overall picture of the parallel paths constitutional change
follows, in correlation to what the constitution means and how
constitutional law works. To capture the patterns of constitutional
change, multi-faceted parameters are explored such as the
interrelations between form of government, party system, and
constitutional amendment; the interplay between constitutional
change and the system of constitutionality review; the role of the
people, civil society, and experts in constitutional change; and
the influence of international and European law and jurisprudence
on constitutional reform and evolution. In the extensive final,
comparative chapter, key features of each country's amendment
procedures are epitomized and the mechanisms of constitutional
change are explained on the basis of introducing five distinct
models of constitutional change. The concept of constitutional
rigidity is re-approached and broken down to a set of factual and
institutional rigidities. The classification of countries within
models, in accordance with the way in which operative amending
mechanisms connect, leads to a succinct portrayal of different
modes of constitutional change engineering. This book will prove to
be an invaluable tool for approaching constitutional revision
either for theoretical or for practical purposes and will be of
particular interest to students and scholars of constitutional,
comparative and public law.
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