The Foundations and Traditions of Constitutional Amendment (Hardcover)

Introduction: The State of the Art in Constitutional Amendment Richard Albert I. Defining the Field II. The Architecture of Constitutional Amendment Rules III. Amendment as Constitution Part I: The Foundations of Constitutional Amendment 1. Amendment Power, Constituent Power, and Popular Sovereignty: Linking Unamendability and Amendment Procedures Yaniv Roznai 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 Zoran Oklopcic 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. Tertium Datur: 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 Oran Doyle 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 Mark Tushnet 5. Constituting the Amendment Power: A Framework for Comparative Amendment Law Thomaz Pereira I. Introduction II. Conclusion 6. Sieyes: The Spirit of Constitutional Democracy? Luisa Fernanda Garcia Lopez 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 Joshua Braver 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 Chavez'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