Blog of the International Journal of Constitutional Law

Special Discount–New Book–The Foundations and Traditions of Constitutional Amendment

I-CONnect is pleased to share a special 20% discount code for our readers interested in a new volume on The Foundations and Traditions of Constitutional Amendment, edited by Richard Albert, Boston College Law School, Xenophon Contiades, Panteoin University of Social and Political Sciences, and Alkmene Fotiadou, Centre for European Constitutional Law.

To order this book at the discount rate in the United States, enter code AA17 at checkout here. To order at the discount rate in the rest of the world, enter code AA17 at checkout here.

The book’s description follows below:

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 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. No other book to date has covered the ground we do here.

This book aspires to be the first to cover 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 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, reconceptualising the conventional divide between constituent and constituted powers, among other important subjects. We have designed this volume to be 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.

Contributors to the volume include Richard Albert, The State of the Art in Constitutional Amendment; Yaniv Roznai, Linking Unamendability and Amendment; Zoran Oklopcic, Revolutions, Amendments and Constitutional Moments; Oran Doyle, Constraints on Constitutional Amendment Powers; Mark Tushnet, Comment on Doyle’s Constraints on Constitutional Amendment Powers; Thomas Pereira, Constituting the Amendment Power: A Framework for Comparative Amendment Law; Luisa Fernanda García López, Sieyès: The Spirit of Constitutional Democracy?; Joshua Braver, Revolutionary Reform in Venezuela: Electoral Rules and Historical Narratives in the Creation of the 1999 Constitution; Juliano Zaiden Benvindo, ‘Revolutionary Reform’ and the Seduction of Constitutionalism; Sofia Ranchordás, Constitutional Sunrise; Oran Doyle and David Kenny, Constitutional Change and Interest Group Politics: Ireland’s Children’s Rights Referendum; Xenophon Contiades and Alkmene Fotiadou, Amendment-Metrics: The Good, the Bad and the Frequently Amended Constitution; James E. Fleming, Comment on Amendment-Metrics: The Good, the Bad and the Frequently Amended Constitution; Lael K. Weis, Constituting ‘the People’: The Paradoxical Place of the Formal Amendment Procedure in Australian Constitutionalism; Kate Glover, Hard Amendment Cases in Canada; Derek O’Brien, Formal Amendment Rules and Constitutional Endurance: The Strange Case of the Commonwealth Caribbean; Jean-Philippe Derosier, The French People’s Role in Amending the Constitution: A French Constitutional Analysis from a Pure Legal Perspective, Duncan Okubasu, The Implication of Conflation of Normal and ‘Constitutional Politics’ on Constitutional Change in Africa; Jurgen Goossens, Direct Democracy and Constitutional Change in the US: Institutional Learning from State Laboratories; Xenophon Contiades and Alkmene Fotiadou, The Emergence of Comparative Constitutional Amendment as a New Discipline: Towards a Paradigm Shift.

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