The Foundations and Traditions of Constitutional Amendment – eBook

The Foundations and Traditions of Constitutional Amendment, (PDF) is designed to guide the beginning of comparative constitutional amendment as a separate field of study in public law. Much of the latest scholarship in the field has been written by the scholars assembled in this volume. This ebook, like the field it hopes to shape, is not comparative alone; it is also historical, doctrinal, and theoretical, and therefore provides a multiplicity of perspectives on a subject about which much remains to be written.

There is an increasing interest in a constitutional amendment from a comparative perspective. A comparative constitutional amendment is a study of how constitutions modify through formal and informal means, including alteration, evolution, revision, interpretation, replacement, and revolution. The field calls scholars to draw insights about constitutional change across borders and cultures, to disclose the motivations behind constitutional change, to theorise best practices, and to pinpoint the theoretical underpinnings of constitutional change.

This ebook aspires to be the first to address expansively the new dimensions of the study of constitutional amendment and will become a reference point for all scholars working on the subject. The volume includes all of the topics where innovative work is being done, like the notion of the people, unamendability, sunrise clauses, the trend of empirical quantitative approaches to constitutional change, constitutional referenda, the orthodox divide between constituent and constituted powers, among other important subjects. It builds a dialogue that cuts through these innovative conceptualisations and stresses scholarly disagreement and, in so doing, puts ideas to the test. The volume thus captures the fierce ongoing debates on the related topics, it shows the current trends and contested issues, and it provides a variety of arguments elaborated by well-known experts in the field. It will open the way for more dialogue.

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