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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


Courts in Transition

Yvonne Tew

in Constitutional Statecraft in Asian Courts

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198716839
eISBN:
9780191785535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198716839.003.0007
Subject:
Law, Constitutional and Administrative Law

This chapter makes the case for an empowered judicial role in the constitutional governance of emerging democracies in Asia. Courts play a significant role in checking political power in dominant ... 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


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


The Three Varieties of Unamendability

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/9780190640484.003.0005
Subject:
Law, Constitutional and Administrative Law

Constitutions sometimes codify unamendable rules. These unamendable rules are resistant to legal forms of change. They cannot be altered using the codified rules of amendment. Nor can they be ... More


The Separation of Powers

Yvonne Tew

in Constitutional Statecraft in Asian Courts

Published in print:
2020
Published Online:
August 2020
ISBN:
9780198716839
eISBN:
9780191785535
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198716839.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter explores the judiciary’s institutional role in maintaining balance among the branches of government. To contextualize the judiciary’s fraught position, it recounts how Malaysia’s ... More


Validity

Paula A. Monopoli

in Constitutional Orphan: Gender Equality and the Nineteenth Amendment

Published in print:
2020
Published Online:
September 2020
ISBN:
9780190092795
eISBN:
9780190092825
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190092795.003.0003
Subject:
Law, Constitutional and Administrative Law

Chapter 2 surfaces the history around the decision, by both the National American Woman Suffrage Association (NAWSA) and the National Woman’s Party (NWP), to immediately pivot to other goals after ... More


Constitutional Amendments: Making, Breaking, and Changing Constitutions

Richard Albert

Published in print:
2019
Published Online:
October 2019
ISBN:
9780190640484
eISBN:
9780190640514
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190640484.001.0001
Subject:
Law, Constitutional and Administrative Law

Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendment and a blueprint for building and ... More


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