| Description |
1 online resource (489 pages) |
| Series |
Routledge Research in Constitutional Law |
|
Routledge research in constitutional law.
|
| Contents |
Cover -- Engineering Constitutional Change -- Series Page -- Title Page -- Copyright Page -- Table of Contents -- Notes on Contributors -- Acknowledgments -- 1: Constitutional change engineering -- On narratives of constitutional change -- Comparative assessment of constitutional change: alternative methods -- Modelizing constitutional change -- 2: Constitutional change in Austria -- History and evolution of the constitutional amendment procedure -- History of the amendment regulation -- Overview on major constitutional amendments -- Informal methods of constitutional change |
|
Changes in state practice -- Judicial interpretation -- Formal constitutional amendment process -- Drafting methods and ordinary amending procedure -- "Total revision" of the Constitution -- Effective substantive limits? -- The role of the people -- Popular initiatives -- Assessment procedure -- Referenda -- Public consultation -- Influence of international and European law -- International law -- European law -- The influence of Austria's political system on constitutional revision -- The role of experts in the constitutional revisions -- Judicial review of constitutional amendments |
|
Criticism and reform -- Functional defi ciency -- Structural deficiencies: allocation of powers -- Notes -- 3: The process of constitutional amendment in Belgium -- History and evolution of the constitutional amendment procedure -- Birth of the amendment procedure: Art. 195 (ex-Art. 131) of the Belgian Constitution -- Evolution of the amendment procedure -- Selective overview of constitutional amendments -- The process of constitutional amendment -- Formal Constitution-substantive Constitution -- Informal methods of constitutional change -- Formal constitutional amendment process |
|
The role of the people -- How does international and European law and jurisprudence affect constitutional revision? -- Judicial review of constitutional amendments -- Criticism of the amendment procedure -- Modifi cation of the constitutional revision procedure? -- Notes -- 4: Constitutional change and constitutional amendment -- Setting the table -- A high-stakes game -- Constitutions and democracy -- Making changes -- The formal and informal -- Of trees and nature -- A colonial beginning -- Political negotiations -- Judicial interpretations -- Of charters and constraints -- Coming home |
|
The amending formula -- Judicial exertions -- A question of balance -- Conclusion -- Notes -- 5: Formal and informal methods of constitutional change in Denmark -- Setting the scene: the Danish legal and political context -- History and evolution of the constitutional amendment procedure -- Most important aspects of the revisions of the Constitution -- Informal methods of constitutional change -- Formal constitutional amendment process -- The role of the people -- How do international and European law and jurisprudence affect constitutional revision? |
| Summary |
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 |
| Notes |
Print version record |
| Subject |
Constitutional amendments -- Canada
|
|
Constitutional amendments -- Europe
|
|
Constitutional amendments -- United States.
|
|
Constitutional amendments
|
|
United States
|
| Form |
Electronic book
|
| ISBN |
9781136210785 |
|
1136210784 |
|
