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Democratic Delegation and Accountability: Cross-national Pattern s

Torbjörn Bergman, Wolfgang C. Müller, Kaare Strøm, and Magnus Blomgren

in Delegation and Accountability in Parliamentary Democracies

Published in print:
2003
Published Online:
January 2005
ISBN:
9780198297840
eISBN:
9780191602016
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019829784X.003.0004
Subject:
Political Science, Comparative Politics

Reviews the patterns of delegation and accountability in 17 Western European parliamentary democracies, over the post-war period. It provides information about the links between voters and MPs, ... More


Hungary's Pliable Constitution

Istvan Szikinger

in Democratic Consolidation in Eastern Europe Volume 1: Institutional Engineering

Published in print:
2001
Published Online:
November 2003
ISBN:
9780199244089
eISBN:
9780191600364
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199244081.003.0015
Subject:
Political Science, Democratization

Describes the process of institutional engineering and the consequences of the absence of a new constitution in Hungary. As a result of the amendments passed by the outgoing communist parliament ... More


The Secret Constitution Resurgent

George P. Fletcher

in Our Secret Constitution: How Lincoln Redefined American Democracy

Published in print:
2003
Published Online:
November 2003
ISBN:
9780195156287
eISBN:
9780199872169
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0195156285.003.0010
Subject:
Political Science, American Politics

This chapter examines the role of constitutional amendments in American legal culture. Amendments that have already been approved – such as those that instituted the income tax, the popular election ... More


Unintended Consequences and Constitutional Amendments

Adrian Vermeule

in Law and the Limits of Reason

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195383768
eISBN:
9780199855391
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195383768.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter focuses on the choice between two alternative means of effecting constitutional change: formal amendment and common-law judicial interpretation. A standard view in American ... More


“Do Your Best”: The Marathon Meeting

Ray A. Moore and Donald L. Robinson

in Partners for Democracy: Crafting the New Japanese State Under MacArthur

Published in print:
2002
Published Online:
November 2003
ISBN:
9780195151169
eISBN:
9780199833917
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019515116X.003.0009
Subject:
Political Science, Democratization

Describes how a thirty‐hour meeting on March 4 and 5 achieved agreement on a preliminary draft constitution. As Matsumoto's draft was being translated, he and Kades clashed over the preamble and ... More


V8. Constitutional Amendment

Matthew Flinders

in Democratic Drift: Majoritarian Modification and Democratic Anomie in the United Kingdom

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199271597
eISBN:
9780191709234
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199271597.003.0012
Subject:
Political Science, Comparative Politics, UK Politics

Although other countries generally require special majorities, popular referendums or other safeguards to ensure that the constitution remains protected from day‐to‐day partisan manipulation, the ... More


Austria: Imperfect Parliamentarism but Fully-fledged Party Democrac y

Wolfgang C. Müller

in Delegation and Accountability in Parliamentary Democracies

Published in print:
2003
Published Online:
January 2005
ISBN:
9780198297840
eISBN:
9780191602016
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/019829784X.003.0005
Subject:
Political Science, Comparative Politics

Reviews the mechanisms of delegation and accountability in post-war Austria. Discusses how political parties structure these processes and analyses the institutional constraints on parliamentary ... More


Applying Basic Structure Review: The Limits of State Action and the Standard of Review

Sudhir Krishnaswamy

in Democracy and Constitutionalism in India: A Study of the Basic Structure Doctrine

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198071617
eISBN:
9780199081455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198071617.003.0003
Subject:
Law, Constitutional and Administrative Law

After the conception of the basic structure doctrine in Kesavananda Bharati v. State of Kerala, a clear type of basic structure review of constitutional amendments emerges in Indira Gandhi v. Raj ... More


Amending Power: The Constitutional Basis for Basic Structure Review

Sudhir Krishnaswamy

in Democracy and Constitutionalism in India: A Study of the Basic Structure Doctrine

Published in print:
2011
Published Online:
September 2012
ISBN:
9780198071617
eISBN:
9780199081455
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198071617.003.0001
Subject:
Law, Constitutional and Administrative Law

Between 1951 and 1973, the Indian Supreme Court accepted two separate arguments for judicial review of constitutional amendments: first, constitutional amendments are subject to judicial review under ... More


The Process of Constitutional Change in Plurinational States

STEPHEN TIERNEY

in Constitutional Law and National Pluralism

Published in print:
2005
Published Online:
January 2010
ISBN:
9780199298617
eISBN:
9780191708855
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199298617.003.0005
Subject:
Law, Public International Law

This chapter addresses the processes by which constitutions have recently been amended in plurinational states. It considers the process of constitutional change in terms of two sets of important ... More


Reaction

Steven K. Green

in The Second Disestablishment: Church and State in Nineteenth-Century America

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195399677
eISBN:
9780199777150
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195399677.003.0010
Subject:
Religion, History of Christianity, Religion and Society

This chapter considers the reaction among conservative evangelicals to perceived secularization in the closing decades of the nineteenth century. It traces the rise of new moral reform societies and ... More


The United States: Eclecticism in the Service of Pragmatism

Mark Tushnet

in Interpreting Constitutions: A Comparative Study

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199226474
eISBN:
9780191706707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226474.003.0002
Subject:
Law, Comparative Law

The traditions of constitutional interpretation in the United States make it possible, and indeed relatively easy, to use interpretation as the vehicle for constitutional adaptation. The distinction ... More


The Architecture of Constitutional Amendment

Richard Albert

in Constitutional Amendments: Making, Breaking, and Changing Constitutions

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190640484
eISBN:
9780190640514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190640484.003.0006
Subject:
Law, Constitutional and Administrative Law

Constitutional amendment rules were once very simple in their design. A constitution codified a one-size-fits-all procedure for amendments to any part of the constitution, and that was it. Today, ... More


Constituent Power and Constitutional Change in American Constitutionalism

Stephen M. Griffin

in The Paradox of Constitutionalism: Constituent Power and Constitutional Form

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552207
eISBN:
9780191709654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552207.003.0004
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

The claims of the 17th century English radicals were bequeathed to their American compatriots during the following century, and this chapter shows that it enabled the American revolutionaries to ... More


Measuring Amendment Difficulty

Richard Albert

in Constitutional Amendments: Making, Breaking, and Changing Constitutions

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190640484
eISBN:
9780190640514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190640484.003.0004
Subject:
Law, Constitutional and Administrative Law

Which constitution is the world’s most difficult to amend? Scholars of comparative constitutional law almost uniformly have the same answer: the U.S. Constitution. It has been amended relatively few ... More


Introduction: Uncharted Terrain in Constitutional Amendment

Richard Albert

in Constitutional Amendments: Making, Breaking, and Changing Constitutions

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190640484
eISBN:
9780190640514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190640484.003.0001
Subject:
Law, Constitutional and Administrative Law

What is an amendment? This chapter shows why this question is central to the study of constitutional change. Some constitutional changes are identified as amendments but in reality may be more. ... More


The Boundaries of Constitutional Amendment

Richard Albert

in Constitutional Amendments: Making, Breaking, and Changing Constitutions

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190640484
eISBN:
9780190640514
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190640484.003.0003
Subject:
Law, Constitutional and Administrative Law

Some constitutional amendments are not amendments at all. They are self-conscious efforts to repudiate the essential characteristics of the constitution and to destroy its foundations. They dismantle ... More


Constitutional Continuity and Constitutional Independence

PETER C. OLIVER

in The Constitution of Independence: The Development of Constitutional Theory in Australia, Canada, and New Zealand

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198268956
eISBN:
9780191713200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268956.003.0013
Subject:
Law, Constitutional and Administrative Law

This chapter applies the analysis developed in Chapter 12 to the facts of constitutional development in Australia, Canada, and New Zealand. The point is not to insist on this account as the only ... More


South Africa: From Constitutional Promise to Social Transformation

Heinz Klug

in Interpreting Constitutions: A Comparative Study

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199226474
eISBN:
9780191706707
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199226474.003.0007
Subject:
Law, Comparative Law

South Africa's emergence as a constitutional democracy after four decades of apartheid and nearly three centuries of colonialism is rightly heralded as a miracle. With 243 sections and seven ... More


Term Limits and the Unconstitutional Constitutional Amendment Doctrine: Lessons from Latin America

David Landau, Yaniv Roznai, and Rosalind Dixon

in The Politics of Presidential Term Limits

Published in print:
2019
Published Online:
August 2019
ISBN:
9780198837404
eISBN:
9780191874109
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198837404.003.0004
Subject:
Political Science, American Politics

This chapter examines the interaction between term limit provisions and the unconstitutional constitutional amendment doctrine in Latin America. It illustrates the varied approaches of courts ... More


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