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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 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.
Offering a unique perspective on an overlooked subject - the
relationship between time, change, and lawmaking - this edited
collection brings together world-leading experts to consider how
time considerations and social, political and technological change
affect the legislative process, the interpretation of laws, the
definition of the powers of the government and the ability of legal
orders to promote innovation. Divided into four parts, each part
considers a different form of interaction between time and law, and
change. The first part offers legal, theoretical and historical
perspectives on the relationship between time and law, and how time
shaped law and influences legal interpretation and constitutional
change. The second part offers the reader an analysis of the
different ways in which courts approach the impact of time on law,
as well as theoretical and empirical reflections upon the meaning
of the principle of legal certainty, legitimate expectations and
the influence of law over time. The third part of the book analyses
how legislation and the legislative process addresses time and
change, and the various challenges they create to the legal order.
The fourth and final part addresses the complex relationship
between fast-paced technological change and the regulation of
innovations.
Few terms in political theory are as overused, and yet as
under-theorized, as constitutional revolution. In this book, Gary
Jacobsohn and Yaniv Roznai argue that the most widely accepted
accounts of constitutional transformation, such as those found in
the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail
adequately to explain radical change. For example, a
"constitutional moment" may or may not accompany the onset of a
constitutional revolution. The consolidation of revolutionary
aspirations may take place over an extended period. The "moment"
may have been under way for decades-or there may be no such moment
at all. On the other hand, seemingly radical breaks in a
constitutional regime actually may bring very little change in
constitutional practice and identity. Constructing a clarifying
lens for comprehending the many ways in which constitutional
revolutions occur, the authors seek to capture the essence of what
happens when constitutional paradigms change.
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.
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