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Richard Albert - Constitutional Amendments: Making, Breaking, and Changing Constitutions

28 May 2021
1.00pm – 2.00pm AEST
Online
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constitutional amendments book cover

DIGITAL EVENT – LIVESTREAM 

Global Public Law Virtual Book Seminar Series 2021

The aim of this series is to invite leading scholars in public law around the globe to share ideas from a recent book with an Australian audience. The Series will be hosted by the G+T Centre and feature Australian-based commentators from both within and outside the Centre to discuss the book with the authors.  It will also involve a collaboration with AUSPUBLAW, to develop a special blog series featuring commentary on the book for an Australian audience. 

ABOUT THIS EVENT

Author: Professor Richard Albert, University of Texas

Book: Constitutional Amendments: Making, Breaking and Changing Constitutions (OUP, 2019)

Commentators:
- Dr Paul Kildea, UNSW
- David Hume, Sixth Floor Barristers

Chair: Professor Rosalind Dixon, UNSW

Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.

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