Jump to ContentJump to Main Navigation
Constitutional AmendmentsMaking, Breaking, and Changing Constitutions$
Users without a subscription are not able to see the full content.

Richard Albert

Print publication date: 2019

Print ISBN-13: 9780190640484

Published to Oxford Scholarship Online: October 2019

DOI: 10.1093/oso/9780190640484.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 October 2020

Finding Constitutional Amendments

Finding Constitutional Amendments

(p.229) 6 Finding Constitutional Amendments
Constitutional Amendments

Richard Albert

Oxford University Press

Constitutional designers rarely ask many questions they should. How and where will the constitution indicate that it has been amended? Will it record the change at the end of the original constitution, or will the change be inserted directly into the founding text? And what about an uncodified constitution: How will it identify constitution-level changes? This chapter offers the first analysis into the options available to constitutional designers for codifying constitutional amendments. This chapter identifies and illustrates the four major models of amendment codification in the world: the appendative model in the United States, the integrative model in India, the invisible model in Ireland, and the disaggregative model in Great Britain. How and where to memorialize changes to the constitution entails implications for how interpreters of constitutional meaning will read the constitution in the course of adjudication, whether the constitution will become a focal point of reference in constitutional politics, and how intensely citizens will venerate their constitution. The way amendments are recorded is ultimately a choice about how and indeed whether a people chooses to remember its past. Today constitutional designers do not consider the consequences of amendment codification, but they should. This chapter explains why the choices involved in amendment codification concern more than mere aesthetics. This chapter considers constitutions from Canada, Great Britain, India, Ireland, Israel, Mexico, New Zealand, Norway, Saint Lucia, Spain, and the United States.

Keywords:   amendment, authority, codification, constitutional amendment, constitutional convention, constitutional veneration, formal amendment, Fourteenth Amendment, uncodified constitution, unwritten constitution

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .