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In this volume marking the Sesquicentennial of Confederation in
Canada, leading scholars and jurists discuss the evolution of the
Canadian Constitution since the British North America Act 1867; the
role of the Supreme Court in interpreting the Constitution as a
'living tree' capable of application to new legal issues; and the
growing influence of both the Constitution, with its entrenched
Charter of Rights and Freedoms, and the decisions of the Court on
other constitutional courts dealing with a wide range of issues
pertaining to human rights and democratic government. The
contributors assess how the Canadian Constitution accommodates the
cultural diversity of the country's territories and peoples while
ensuring the universal applicability of its provisions; the role of
the Court in interpreting and applying the Constitution; and the
growing global influence of the Constitution and decisions of the
Court on legislatures and courts in other countries.
Despite the importance of second chambers to the success of
constitutional democracies around the world, today many fundamental
questions about bicameralism remain understudied and
undertheorized. What makes bicameral reform so difficult? Why
choose bicameralism over unicameralism? What are the constitutional
values of bicameralism? This innovative book addresses these
questions and many more from comparative, doctrinal, empirical,
historical and theoretical perspectives. Featuring contributions
from leading and emerging scholars in the field, this book provides
a timely account of the tensions between bicameralism and its
reform, demonstrating for the first time how this relates to the
protection of liberal democracy and the rule of law. Contributors
analyse the pressures that contemporary constitutional politics
exert on bicameralism in an array of countries and legal systems,
including the complex relationships between the EU and national
second chambers. Scholars and students of comparative and
constitutional law, legislative studies and political science will
find this book an invaluable resource. Policymakers at national and
EU levels, parliamentarians and others working closely with
parliamentary institutions will also find it insightful.
This book examines the interstices among statutory enactment,
constitutional convention and formal constitution in which
quasi-constitutionality exists. It provides a focal resource that
can serve as a point of reference for scholars interested in
quasi-constitutionality as a whole, from national and transnational
perspectives, expanding on its many forms, functions, and
applications with recourse to comparative insights. The book is
divided in three main Parts, each of them preceded by a separate
critical introduction in which an informed scholar contextualizes
the chapters and offers reflections on the themes they develop. The
first Part, titled 'Forms', is composed of chapters that address,
from a theoretical and comparative perspective, questions related
to the recognition of constitutional statutes and
quasi-constitutional legislation. The second Part is titled
'Functions', and contains chapters that explore the explanatory
power of quasi-constitutionality in different institutional
contexts. The third Part, titled 'Applications', considers the ways
in which constitutional statutes and quasi-constitutionality
operate in relation to particular tensions and debates present in
various jurisdictions.
It is well known that the US Constitution has been amended
twenty-seven times since its creation in 1787, but that number does
not reflect the true extent of constitutional change in America.
Although the Constitution is globally recognized as a written text,
it consists also of unwritten rules and principles that are just as
important, such as precedents, customs, traditions, norms,
presuppositions, and more. These, too, have been amended, but how
does that process work? In this book, leading scholars of law,
history, philosophy, and political science consider the many
theoretical, conceptual, and practical dimensions of what it means
to amend America's 'unwritten Constitution': how to change the
rules, who may legitimately do it, why leaders may find it
politically expedient to enact written instead of unwritten
amendments, and whether anything is lost by changing the
constitution without a codified constitutional amendment.
Constitutions are often seen as the product of the free will of a
people exercising their constituent power. This, however, is not
always the case, particularly when it comes to 'imposed
constitutions'. In recent years there has been renewed interest in
the idea of imposition in constitutional design, but the literature
does not yet provide a comprehensive resource to understand the
meanings, causes and consequences of an imposed constitution. This
volume examines the theoretical and practical questions emerging
from what scholars have described as an imposed constitution. A
diverse group of contributors interrogates the theory, forms and
applications of imposed constitutions with the aim of refining our
understanding of this variation on constitution-making. Divided
into three parts, this book first considers the conceptualization
of imposed constitutions, suggesting definitions, or corrections to
the definition, of what exactly an imposed constitution is. The
contributors then go on to explore the various ways in which
constitutions are, and can be, imposed. The collection concludes by
considering imposed constitutions that are currently in place in a
number of polities worldwide, problematizing the consequences their
imposition has caused. Cases are drawn from a broad range of
countries with examples at both the national and supranational
level. This book addresses some of the most important issues
discussed in contemporary constitutional law: the relationship
between constituent and constituted power, the source of
constitutional legitimacy, the challenge of foreign and expert
intervention and the role of comparative constitutional studies in
constitution-making. The volume will be a valuable resource for
those interested in the phenomenon of imposed constitutionalism as
well as anyone interested in the current trends in the study of
comparative constitutional law.
In this volume marking the Sesquicentennial of Confederation in
Canada, leading scholars and jurists discuss the evolution of the
Canadian Constitution since the British North America Act 1867; the
role of the Supreme Court in interpreting the Constitution as a
'living tree' capable of application to new legal issues; and the
growing influence of both the Constitution, with its entrenched
Charter of Rights and Freedoms, and the decisions of the Court on
other constitutional courts dealing with a wide range of issues
pertaining to human rights and democratic government. The
contributors assess how the Canadian Constitution accommodates the
cultural diversity of the country's territories and peoples while
ensuring the universal applicability of its provisions; the role of
the Court in interpreting and applying the Constitution; and the
growing global influence of the Constitution and decisions of the
Court on legislatures and courts in other countries.
Constitutions are often seen as the product of the free will of a
people exercising their constituent power. This, however, is not
always the case, particularly when it comes to 'imposed
constitutions'. In recent years there has been renewed interest in
the idea of imposition in constitutional design, but the literature
does not yet provide a comprehensive resource to understand the
meanings, causes and consequences of an imposed constitution. This
volume examines the theoretical and practical questions emerging
from what scholars have described as an imposed constitution. A
diverse group of contributors interrogates the theory, forms and
applications of imposed constitutions with the aim of refining our
understanding of this variation on constitution-making. Divided
into three parts, this book first considers the conceptualization
of imposed constitutions, suggesting definitions, or corrections to
the definition, of what exactly an imposed constitution is. The
contributors then go on to explore the various ways in which
constitutions are, and can be, imposed. The collection concludes by
considering imposed constitutions that are currently in place in a
number of polities worldwide, problematizing the consequences their
imposition has caused. Cases are drawn from a broad range of
countries with examples at both the national and supranational
level. This book addresses some of the most important issues
discussed in contemporary constitutional law: the relationship
between constituent and constituted power, the source of
constitutional legitimacy, the challenge of foreign and expert
intervention and the role of comparative constitutional studies in
constitution-making. The volume will be a valuable resource for
those interested in the phenomenon of imposed constitutionalism as
well as anyone interested in the current trends in the study of
comparative constitutional law.
This book examines the interstices among statutory enactment,
constitutional convention and formal constitution in which
quasi-constitutionality exists. It provides a focal resource that
can serve as a point of reference for scholars interested in
quasi-constitutionality as a whole, from national and transnational
perspectives, expanding on its many forms, functions, and
applications with recourse to comparative insights. The book is
divided in three main Parts, each of them preceded by a separate
critical introduction in which an informed scholar contextualizes
the chapters and offers reflections on the themes they develop. The
first Part, titled 'Forms', is composed of chapters that address,
from a theoretical and comparative perspective, questions related
to the recognition of constitutional statutes and
quasi-constitutional legislation. The second Part is titled
'Functions', and contains chapters that explore the explanatory
power of quasi-constitutionality in different institutional
contexts. The third Part, titled 'Applications', considers the ways
in which constitutional statutes and quasi-constitutionality
operate in relation to particular tensions and debates present in
various jurisdictions.
The year 2017 marked the 150th anniversary of Confederation and the
1867 Constitution Act. Anniversaries like these are often seized
upon as opportunities for retrospection. This volume, by contrast,
takes a distinctively forward-looking approach. Featuring essays
from both emerging and established scholars, The Canadian
Constitution in Transition reflects on the ideas that will shape
the development of Canadian constitutional law in the decades to
come. Moving beyond the frameworks that previous generations used
to organize constitutional thinking, the scholars in this volume
highlight new and innovative approaches to perennial problems, and
seek new insights on where constitutional law is heading. Featuring
fresh scholarship from contributors who will lead the
constitutional conversation in the years ahead - and who represent
the gender, ethnic, linguistic, and demographic make-up of
contemporary Canada - The Canadian Constitution in Transition
enriches our understanding of the Constitution of Canada, and uses
various methodological approaches to chart the course toward the
bicentennial.
No province in Canada has codified a written constitution, and
whether Quebec should be the first remains a controversial
question. A Written Constitution for Quebec? enters into the
debate, drawing a roadmap through the legal, political, and
constitutional terrain of the issue. Leading scholars each take
their own position in the debate, examining the issue from various
sides and exploring the forms and limits of a codified Quebec
constitution by asking whether Quebec should adopt a written
constitution, how the province might go about it, and what such a
document might achieve. Along with a comprehensive introduction to
constitutional codification and how it relates to Quebec, the book
opens with a proposal for a written constitution, with the analyses
that follow expressing a diversity of views on the feasibility and
desirability of a written constitution for the province. An array
of perspectives through the lenses of Indigenous inclusion and
reconciliation, interculturalism and democratic constitutionalism,
and insights from other federal and plurinational states - are
included in this wide-ranging volume. Taking a doctrinal,
historical, theoretical, and comparative approach, A Written
Constitution for Quebec? extensively addresses Quebec's
constitutional future in Canada.
Founding moments are landmark events that break ties with the
ancien regime and lay the foundation for the establishment of a new
constitutional order. They are often radically disruptive episodes
in the life of a state. They reshape national law, reset political
relationships, establish future power structures, and influence
happenings in neighbouring countries. This edited collection brings
together leading and emerging scholars to theorise the phenomenon
of a founding moment. What is a founding moment? When does the
'founding' process begin and when does it end? Is a founding moment
possible without yielding a new constitution? Can a founding moment
lead to a partial or incomplete transformation? And should the
state be guided by the intentions of those who orchestrated these
momentous breaks from the past? Drawing from constitutions around
the world, the authors ask these and other fundamental questions
about making and remaking constitutions.
This book examines the problem of constitutional change in times of
crisis. Divided into five main parts, it both explores and
interrogates how public law manages change in periods of
extraordinary pressure on the constitution. In Part I, "Emergency,
Exception and Normalcy," the contributors discuss the practices and
methods that could be used to help legitimize the use of emergency
powers without compromising the constitutional principles that were
created during a period of normalcy. In Part II, "Terrorism and
Warfare," the contributors assess how constitutions are interpreted
during times of war, focusing on the tension between individual
rights and safety. Part III, "Public Health, Financial and Economic
Crises," considers how constitutions change in response to crises
that are neither political in the conventional sense nor violent,
which also complicates how we evaluate constitutional resilience in
times of stress. Part IV, "Constitutionalism for Divided
Societies," then investigates the pressure on constitutions
designed to govern diverse, multi-national populations, and how
constitutional structures can facilitate stability and balance in
these states. Part V, titled "Constitution-Making and
Constitutional Change," highlights how constitutions are
transformed or created anew during periods of tension. The book
concludes with a rich contextual discussion of the pressing
challenges facing constitutions in moments of extreme pressure.
Chapter "Public Health Emergencies and Constitutionalism Before
COVID-19: Between the National and the International" is available
open access under a Creative Commons Attribution 4.0 International
License via link.springer.com.
Founding moments are landmark events that break ties with the
ancien regime and lay the foundation for the establishment of a new
constitutional order. They are often radically disruptive episodes
in the life of a state. They reshape national law, reset political
relationships, establish future power structures, and influence
happenings in neighbouring countries. This edited collection brings
together leading and emerging scholars to theorise the phenomenon
of a founding moment. What is a founding moment? When does the
'founding' process begin and when does it end? Is a founding moment
possible without yielding a new constitution? Can a founding moment
lead to a partial or incomplete transformation? And should the
state be guided by the intentions of those who orchestrated these
momentous breaks from the past? Drawing from constitutions around
the world, the authors ask these and other fundamental questions
about making and remaking constitutions.
This book examines the problem of constitutional change in times of
crisis. Divided into five main parts, it both explores and
interrogates how public law manages change in periods of
extraordinary pressure on the constitution. In Part I, "Emergency,
Exception and Normalcy," the contributors discuss the practices and
methods that could be used to help legitimize the use of emergency
powers without compromising the constitutional principles that were
created during a period of normalcy. In Part II, "Terrorism and
Warfare," the contributors assess how constitutions are interpreted
during times of war, focusing on the tension between individual
rights and safety. Part III, "Public Health, Financial and Economic
Crises," considers how constitutions change in response to crises
that are neither political in the conventional sense nor violent,
which also complicates how we evaluate constitutional resilience in
times of stress. Part IV, "Constitutionalism for Divided
Societies," then investigates the pressure on constitutions
designed to govern diverse, multi-national populations, and how
constitutional structures can facilitate stability and balance in
these states. Part V, titled "Constitution-Making and
Constitutional Change," highlights how constitutions are
transformed or created anew during periods of tension. The book
concludes with a rich contextual discussion of the pressing
challenges facing constitutions in moments of extreme pressure.
Chapter "Public Health Emergencies and Constitutionalism Before
COVID-19: Between the National and the International" is available
open access under a Creative Commons Attribution 4.0 International
License via link.springer.com.
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.
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.
This book examines the subject of constitutional unamendability
from comparative, doctrinal, empirical, historical, political and
theoretical perspectives. It explores and evaluates the legitimacy
of unamendability in the various forms that exist in constitutional
democracies. Modern constitutionalism has given rise to a paradox:
can a constitutional amendment be unconstitutional? Today it is
normatively contested but descriptively undeniable that a
constitutional amendment-one that respects the formal procedures of
textual alteration laid down in the constitutional text-may be
invalidated for violating either a written or unwritten
constitutional norm. This phenomenon of an unconstitutional
constitutional amendment traces its political foundations to France
and the United States, its doctrinal origins to Germany, and it has
migrated in some form to all corners of the democratic world. One
can trace this paradox to the concept of constitutional
unamendability. Constitutional unamendability can be understood as
a formally entrenched provision(s) or an informally entrenched norm
that prohibits an alteration or violation of that provision or
norm. An unamendable constitutional provision is impervious to
formal amendment, even with supermajority or even unanimous
agreement from the political actors whose consent is required to
alter the constitutional text. Whether or not it is enforced, and
also by whom, this prohibition raises fundamental questions
implicating sovereignty, legitimacy, democracy and the rule of law.
This book examines the subject of constitutional unamendability
from comparative, doctrinal, empirical, historical, political and
theoretical perspectives. It explores and evaluates the legitimacy
of unamendability in the various forms that exist in constitutional
democracies. Modern constitutionalism has given rise to a paradox:
can a constitutional amendment be unconstitutional? Today it is
normatively contested but descriptively undeniable that a
constitutional amendment-one that respects the formal procedures of
textual alteration laid down in the constitutional text-may be
invalidated for violating either a written or unwritten
constitutional norm. This phenomenon of an unconstitutional
constitutional amendment traces its political foundations to France
and the United States, its doctrinal origins to Germany, and it has
migrated in some form to all corners of the democratic world. One
can trace this paradox to the concept of constitutional
unamendability. Constitutional unamendability can be understood as
a formally entrenched provision(s) or an informally entrenched norm
that prohibits an alteration or violation of that provision or
norm. An unamendable constitutional provision is impervious to
formal amendment, even with supermajority or even unanimous
agreement from the political actors whose consent is required to
alter the constitutional text. Whether or not it is enforced, and
also by whom, this prohibition raises fundamental questions
implicating sovereignty, legitimacy, democracy and the rule of law.
This is a reproduction of a book published before 1923. This book
may have occasional imperfections such as missing or blurred pages,
poor pictures, errant marks, etc. that were either part of the
original artifact, or were introduced by the scanning process. We
believe this work is culturally important, and despite the
imperfections, have elected to bring it back into print as part of
our continuing commitment to the preservation of printed works
worldwide. We appreciate your understanding of the imperfections in
the preservation process, and hope you enjoy this valuable book.
++++ The below data was compiled from various identification fields
in the bibliographic record of this title. This data is provided as
an additional tool in helping to ensure edition identification:
++++ Von Palermo Bis Gaeta: Der Kampf In Italien Um Thron Und
Thrones-Ehre 1860-1861 reprint Richard Albert von Meerheimb H.
Burdach, 1865 History; Europe; Italy; Gaeta (Italy); History /
Europe / Italy; Italy; Palermo (Italy); Travel / Europe / Italy
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