{"product_id":"the-foundations-and-traditions-of-constitutional-amendment-9781509934638","title":"The Foundations and Traditions of Constitutional","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eThere 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 scholarship in the field has been written by the scholars assembled in this volume. This book, like the field it hopes to shape, is not comparative alone; it is also doctrinal, historical and theoretical, and therefore offers a multiplicity of perspectives on a subject about which much remains to be written.   This book aspires to be the first to address comprehensively the new dimensions of the study of constitutional amendment, and will become a reference point for all scholars working on the subject. The volume covers all of the topics where innovative work is being done, such as the notion of the people, the trend of empirical quantitative approaches to constitutional change, unamendability, sunrise clauses, constitutional referenda, the conventional divide between constituent and constituted powers, among other important subjects. It creates a dialogue that cuts through these innovative conceptualisations and highlights scholarly disagreement and, in so doing, puts ideas to the test. The volume therefore captures the fierce ongoing debates on the relevant topics, it reveals the current trends and contested issues, and it offers a variety of arguments elaborated by prominent experts in the field. It will open the way for further dialogue.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eIntroduction: The State of the Art in Constitutional Amendment  \u003ci\u003eRichard Albert\u003c\/i\u003e I. Defining the Field  II. The Architecture of Constitutional Amendment Rules  III. Amendment as Constitution    \u003cb\u003ePart I: The Foundations of Constitutional Amendment\u003c\/b\u003e 1. Amendment Power, Constituent Power, and Popular Sovereignty: Linking Unamendability and Amendment Procedures \u003ci\u003eYaniv Roznai\u003c\/i\u003e I. Introduction  II. Unamendability and Constituent Power  III. The Constitutionalisation of Primary Constituent Power  IV. The Spectrum of Constitutional Amendment Powers  V. Conclusion  2. Constitutional Theory and Cognitive Estrangement: Beyond Revolutions, Amendments and Constitutional Moments  \u003ci\u003eZoran Oklopcic\u003c\/i\u003e I. Introduction: The Person of ‘The People’ and A Three-Fold Cognitive Estrangement  II. Beyond ‘The People’: New Tropes, Old Anxieties  III. Three Forms of Estrangement-prevention: Holmes, Pettit, Dworkin  IV. \u003ci\u003eTertium Datur\u003c\/i\u003e: Mapping Constitutional Change Between the Revolution and the Amendment  V. Towards a Different Familiarity: ‘The People’, The Paradox and The Sacrifice  3. Constraints on Constitutional Amendment Powers \u003ci\u003eOran Doyle\u003c\/i\u003e I. Introduction  II. A Doctrine of Unconstitutional Constitutional Amendments  III. Constraint and Powers of Constitutional Change  IV. The Types of Constraint on Constitutional Amendment Powers  V. Distribution of Power and the Justification of Constraint  VI. Justification of Constraints on Constitutional Amendment Powers  VII. Conclusion  4. Comment on Doyle’s Constraints on Constitutional Amendment Powers  \u003ci\u003eMark Tushnet\u003c\/i\u003e 5. Constituting the Amendment Power: A Framework for Comparative Amendment Law \u003ci\u003eThomaz Pereira\u003c\/i\u003e I. Introduction  II. Conclusion  6. Sieyès: The Spirit of Constitutional Democracy?  \u003ci\u003eLuisa Fernanda García López\u003c\/i\u003e I. Introduction  II. Towards a Representative Democracy  III. Towards a Constitutional Democracy  IV. Conclusion  7. Revolutionary Reform in Venezuela: Electoral Rules and Historical Narratives in the Creation of the 1999 Constitution  \u003ci\u003eJoshua Braver\u003c\/i\u003e I. Introduction  II. Carl Schmitt’s Unfortunate Victory over Hannah Arendt in the Analysis of Popular Constitution-Making  III. Hannah Arendt’s Revolutionary Reform  IV. Hugo Chávez’s Radical and Original Constituent Power  V. The Turning Point: The Electoral Rules for the Constituent Assembly  VI. Radical Breaks and Exclusionary Mandates  VII. Conclusion","brand":"Bloomsbury Publishing PLC","offers":[{"title":"Default Title","offer_id":51019976638807,"sku":"9781509934638","price":69.99,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781509934638.jpg?v=1750781942","url":"https:\/\/bookcurl.com\/products\/the-foundations-and-traditions-of-constitutional-amendment-9781509934638","provider":"Book Curl","version":"1.0","type":"link"}