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Engineering Constitutional Change
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.
eBook
Constitutional amendment in Canada
\"In Canada, the 1982 Constitution Act contains the amending formula, which outlines a set of procedures required to make changes to the constitution. Recent debates over Senate reform, the status of the Supreme Court of Canada, and the rules governing royal succession have highlighted how important the amending formula is in maintaining the vitality and relevance of the governing system.\"-- Provided by publisher.
Book
Limits and methodological criteria for the substitution of the Constitution doctrine in Colombia
This article will analyze the interpretation limits and methodologies used by the Constitutional Court when reviewing constitutional reforms. In Judgment C-551 of 2003, it was established that although the 1991 Colombian Constitution does not contain any eternity clauses, the consubstantial elements of the Constitution and those elements of the constitutional block that identify it cannot be changed through constitutional reform. In this case, the power of reform would become constituent power, subverting its powers and giving rise to a procedural defect. In this context, we will examine whether these methodologies are useful in limiting the broad degree of discretion the Court has in determining when a reform supersedes the Constitution
En el artículo se analizarán los limites interpretativos y las metodologías que ha dispuesto la Corte Constitucional cuando hace la revisión de las reformas constitucionales. En la Sentencia C-551 de 2003, se dispuso que a pesar de que la Constitución colombiana de 1991 no contiene cláusulas pétreas, no se pueden cambiar o derogar a través de la reforma constitucional los elementos consustanciales de la Constitución y aquellos elementos del bloque de constitucionalidad que la identifican. En este caso el poder de reforma se convertiría en poder constituyente, subvertiría sus competencias y daría lugar a un vicio de forma. En este orden de ideas, se verificará si dichas metodologías son útiles para limitar el amplio grado de discrecionalidad que tiene la Corte en determinar cuándo una reforma sustituye la Constitución.
Journal Article
Six amendments : how and why we should change the Constitution
By the time of his retirement in June 2010, the author had become the second longest serving Justice in the history of the Supreme Court. Now he draws upon his more than three decades on the Court, during which he was involved with many of the defining decisions of the modern era, to offer a book articulating not only the need for changes, but also what those improvements should be. This is a call to arms, detailing six specific ways in which the Constitution should be amended in order to protect our democracy and the safety and wellbeing of American citizens.-- Source other than Library of Congress.
Book
Constitutional Rigidity Matters: A Veto Players Approach
Constitutional amendment rules have traditionally been considered the most important part of a constitution. Nevertheless, recent empirical analyses argue that constitutional amendment rules do not matter at all. This dispute is due to the misuse of independent and dependent variables and inappropriate methodology. Using the Veto Players approach to measure constitutional rigidity, this article proposes a new index covering ninety-four democratic countries. It starts by explaining the underlying logic of the veto players approach and describing the specific derivation of the rules for the construction of the rigidity index, which aggregates all institutional provisions in a logically consistent way. It then explains why the lack of constitutional rigidity is a necessary but not sufficient condition for significant constitutional amendments in democratic countries. Finally, the author creates a new dataset on the significance of constitutional amendments and estimates the appropriate (heteroskedastic) model, which corroborates the theoretical expectations and demonstrates that more significant amendments lead to a better fit.
Journal Article
How Failed Attempts to Amend the Constitution Mobilize Political Change
Since the Constitution's ratification, members of Congress,
following Article V, have proposed approximately twelve thousand
amendments, and states have filed several hundred petitions with
Congress for the convening of a constitutional convention. Only
twenty-seven amendments have been approved in 225 years. Why do
members of Congress continue to introduce amendments at a pace of
almost two hundred a year? This book is a demonstration of how
social reformers and politicians have used the amendment process to
achieve favorable political results even as their proposed
amendments have failed to be adopted. For example, the ERA \"failed\"
in the sense that it was never ratified, but the mobilization to
ratify the ERA helped build the feminist movement (and also sparked
a countermobilization). Similarly, the Supreme Court's ban on
compulsory school prayer led to a barrage of proposed amendments to
reverse the Court. They failed to achieve the requisite two-thirds
support from Congress, but nevertheless had an impact on the
political landscape. The definition of the relationship between
Congress and the President in the conduct of foreign policy can
also be traced directly to failed efforts to amend the Constitution
during the Cold War. Roger Hartley examines familiar examples like
the ERA, balanced budget amendment proposals, and pro-life attempts
to overturn Roe v. Wade , but also takes the reader on a
three-century tour of lesser-known amendments. He explains how
often the mere threat of calling a constitutional convention (at
which anything could happen) effected political change.
eBook
Essentials. Documents and law. 27th Amendment
In 1789, the Twenty Seventh Amendment was proposed to regulate congressional pay raises, but it took more than 200 years, and a groundbreaking student's essay, to finally secure its ratification.
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