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01541pab a2200169 454500 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION |
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180718b2016 xxu||||| |||| 00| 0 eng d |
| 100 ## - MAIN ENTRY--PERSONAL NAME |
| Personal name |
Versteeg, Mila |
| 245 ## - TITLE STATEMENT |
| Title |
Constitutions unentrenched: toward an alternative theory of constitutional design |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. |
| Date of publication, distribution, etc. |
2016 |
| 300 ## - PHYSICAL DESCRIPTION |
| Extent |
p.657-674. |
| 362 ## - DATES OF PUBLICATION AND/OR SEQUENTIAL DESIGNATION |
| Dates of publication and/or sequential designation |
Nov |
| 520 ## - SUMMARY, ETC. |
| Summary, etc. |
This article highlights a gap between a great deal of constitutional theory and a great deal of the practice of democratic constitution-making. Drawing on data from democratic national and state constitutions, we challenge the consensus among constitutional theorists that a central purpose of constitutionalism is the entrenchment (the fortification against future change) of broad principles. The empirical reality is that the majority of democratic constitutions today are subject to frequent revision, and are therefore ill-equipped to facilitate the entrenchment of their contents. To explore the logic of these unentrenched documents, we identify the historical periods in which different geographic regions moved away from highly entrenched constitutions, and we examine the political contexts of these transformations. We find that, in each context, constitution-makers were attempting to limit the discretion of constitutional interpreters and implementers by drafting highly specific texts and by updating them in response to continually changing circumstances. - Reproduced. |
| 650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM |
| Topical term or geographic name entry element |
Constitutions |
| 700 ## - ADDED ENTRY--PERSONAL NAME |
| Personal name |
Zackin, Emily |
| 773 ## - HOST ITEM ENTRY |
| Main entry heading |
American Political Science Review |
| 909 ## - |
| -- |
113718 |