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There is growing interest in constitutional amendment from a comparative perspective. Comparative constitutional amendment is the study of how constitutions change through formal and informal means, including alteration, revision, evolution, interpretation, replacement and revolution. The field invites scholars to draw insights about constitutional change across borders and cultures, to uncover the motivations behind constitutional change, to theorise best practices, and to identify the theoretical underpinnings of constitutional change. This volume is designed to guide the emergence of comparative constitutional amendment as a distinct field of study in public law. Much of the recent schola...
This Oxford Handbook details the constitutions and constitutional history of Latin America, providing comparative analysis of the prevailing institutional models and major themes in the region's constitutionalism.
Power to the People proposes that some forms of populism are inconsistent with constitutionalism, while others aren't. By providing a series of case studies, some organized by nation, others by topic, the book identifies these populist inconsistencies with constitutionalism-and, importantly, when and how they are not. Opening a dialogue for the possibility of a deeper, populist democracy, the book examines recent challenges to the idea that democracy is a good form of government by exploring possibilities for new institutions that can determine and implement a majority's views without always threatening constitutionalism.
"Challenges the argument that court-packing will politicize the Court and undermine its institutional legitimacy, arguing that the "law-politics dichotomy" is a myth because politics always has and always will influence Supreme Court decision-making"--
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Introduction -- The lawless unity of the people : the legalists and radicals' consensus -- Extraordinary adaptation : an illegal and plural people -- The enemies clash : lawless constitution-making in Venezuela and Ecuador -- The lover's quarrel : partially inclusive extraordinary adaptation in Colombia. The enemies' truce : inclusive extraordinary adaptation in Bolivia -- Conclusion.