Constitutional Conventions in Westminster Systems


Book Description

Conventions are fundamental to the constitutional systems of parliamentary democracies. Unlike the United States which adopted a republican form of government, with a full separation of powers, codified constitutional structures and limitations for executive and legislative institutions and actors, Britain and subsequently Canada, Australia and New Zealand have relied on conventions to perform similar functions. The rise of new political actors has disrupted the stability of the two-party system, and in seeking power the new players are challenging existing practices. Conventions that govern constitutional arrangements in Britain and New Zealand, and the executive in Canada and Australia, are changing to accommodate these and other challenges of modern governance. In Westminster democracies, constitutional conventions provide the rules for forming government; they precede law and make law-making possible. This prior and more fundamental realm of government formation and law making is shaped and structured by conventions.










The Constitution in Jeopardy


Book Description

A former U.S. senator joins a legal scholar to examine a hushed effort to radically change our Constitution, offering a warning and a way forward. Over the last two decades, a fringe plan to call a convention under the Constitution's amendment mechanism—the nation's first ever—has inched through statehouses. Delegates, like those in Philadelphia two centuries ago, would exercise nearly unlimited authority to draft changes to our fundamental law, potentially altering anything from voting and free speech rights to regulatory and foreign policy powers. Such a watershed moment would present great danger, and for some, great power. In this important book, Feingold and Prindiville distill extensive legal and historical research and examine the grave risks inherent in this effort. But they also consider the role of constitutional amendment in modern life. Though many focus solely on judicial and electoral avenues for change, such an approach is at odds with a cornerstone ideal of the Founding: that the People make constitutional law, directly. In an era defined by faction and rejection of long-held norms, The Constitution in Jeopardy examines the nature of constitutional change and asks urgent questions about what American democracy is, and should be.







The Constitutional Convention


Book Description




A Treatise On The Constitutional Limitations


Book Description

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.




An Introduction to the Study of the Law of the Constitution


Book Description

A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.




America's Unwritten Constitution


Book Description

Reading between the lines: America's implicit Constitution -- Heeding the deed: America's enacted Constitution -- Hearing the people: America's lived Constitution -- Confronting modern case law: America's "warrented" Constitution -- Putting precedent in its place: America's doctrinal Constitution -- Honoring the icons: America's symbolic Constitution -- "Remembering the ladies" : America's feminist Constitution -- Following Washington's lead: America's "Georgian" Constitution -- Interpreting government practices: America's institutional Constitution -- Joining the party: America's partisan Constitution -- Doing the right thing: America's conscientious Constitution -- Envisioning the future: America's unfinished Constitution -- Afterward -- Appendix: America's written Constitution.