Add to ORKGConstitutional amendment procedures can create constitutional change in two ways: by providing evidence of popular support for constitutional change, and by changing the textual basis for subsequent acts of constitutional interpretation. Both mechanisms have clearly also succeeded, in various countries, in creating changes in the domain of constitutional identity. The question the essay investigates is whether there is nonetheless something peculiar about this domain that makes it especially difficult to succeed in using both these amendment mechanisms, simultaneously, in the quest for constitutional change. To explore this question, the essay draws on two distinct attempts to “amend” constitutional identity in Australia and the US in the 1...
To anyone raised under the Constitution of the United States, that document\u27s declaration that it...
Many courts, and constitutions, worldwide recognize the concept of an “unconstitutional constitution...
Countries lacking a single canonical text define the “constitution” to include all laws that perform...
Constitutional amendment procedures can create constitutional change in two ways: by providing evide...
In my book The Identity of the Constitutional Subject (2010) I examined the nexus between constituti...
As our ConstitutionUK Constitutional Convention approaches, Professor Bill Kissane considers the que...
In response to Richard Albert’s Quasi-Constitutional Amendments, 65 BUFF. L. REV. 739 (2017)
Abstract This article focuses on the issue of the relationship between constitutional recognition ...
Increasingly, populists and authoritarians have discovered for themselves the notion of constitution...
Since the United States adopted a written constitution as a consequence of the War of Independence, ...
Of the 27 Amendments to the US Constitution, less than a handful has been enacted in the past 50 yea...
The current scholarly focus on informal amendment has obscured the continuing relevance of formal am...
The constitutional states of the world exhibit three models of constitutional amendment. Their amend...
The American traditions of constitutional amendment raise contrasts and continuities with constituti...
No part of a constitution is more important than the rules that govern its amendment and its entrenc...
To anyone raised under the Constitution of the United States, that document\u27s declaration that it...
Many courts, and constitutions, worldwide recognize the concept of an “unconstitutional constitution...
Countries lacking a single canonical text define the “constitution” to include all laws that perform...
Constitutional amendment procedures can create constitutional change in two ways: by providing evide...
In my book The Identity of the Constitutional Subject (2010) I examined the nexus between constituti...
As our ConstitutionUK Constitutional Convention approaches, Professor Bill Kissane considers the que...
In response to Richard Albert’s Quasi-Constitutional Amendments, 65 BUFF. L. REV. 739 (2017)
Abstract This article focuses on the issue of the relationship between constitutional recognition ...
Increasingly, populists and authoritarians have discovered for themselves the notion of constitution...
Since the United States adopted a written constitution as a consequence of the War of Independence, ...
Of the 27 Amendments to the US Constitution, less than a handful has been enacted in the past 50 yea...
The current scholarly focus on informal amendment has obscured the continuing relevance of formal am...
The constitutional states of the world exhibit three models of constitutional amendment. Their amend...
The American traditions of constitutional amendment raise contrasts and continuities with constituti...
No part of a constitution is more important than the rules that govern its amendment and its entrenc...
To anyone raised under the Constitution of the United States, that document\u27s declaration that it...
Many courts, and constitutions, worldwide recognize the concept of an “unconstitutional constitution...
Countries lacking a single canonical text define the “constitution” to include all laws that perform...