Engineering Constitutional Change : a Comparative Perspective on Europe, Canada and the USA.

Saved in:
Bibliographic Details
Main Author: Contiades, Xenophon
Format: eBook
Language:English
Published: Hoboken : Taylor and Francis, 2012.
Series:Routledge research in constitutional law.
Subjects:
Online Access:Click for online access
Table of 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?