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Article
Temporal Limitations in Constitutional Amendment
Review of Constitutional Studies (2016)
  • Richard Albert
Abstract
Formal amendment rules are designed to fragment or consolidate power, whether among political parties or government branches, or along ethnic, subnational, or other lines. Time is an understudied and undertheorized dimension along which amendment rules may also fragment or consolidate power. This temporal feature of formal amendment rules entails unique implications for how we understand the formation of constitutional consensus and how we evaluate contemporaneity in amendment ratification. In this article, I apply a comparative perspective to the use of time in formal amendment in order to demonstrate the possibilities for the design of temporal limitations and also to probe the trade-off s between political brinkmanship and contemporaneity in ratification. My larger purpose is to suggest a research agenda for further comparative inquiry into the use of time in the design of formal amendment rules. 
Publication Date
March 17, 2016
Citation Information
Richard Albert. "Temporal Limitations in Constitutional Amendment" Review of Constitutional Studies Vol. 21 Iss. 1 (2016) p. 37 - 62
Available at: http://works.bepress.com/richardalbert/52/