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Amending the Constitutions; An Institutional and Comparative Study
Resource
政治科學論叢, 9, 001-059
Journal
政治科學論叢
Journal Issue
9
Pages
001-059
Date Issued
1998-06
Date
1998-06
Author(s)
Jen, T.H.
Abstract
This study offers an institutional and comparative analysis of the mechanisms of constitutional amendment. It is composed of eight sections. The first section examines the emergence and the development of the notions, as well as the institutional arrangements, related to constitutional amendment. The second section analyzes the nature of the amending power, and the principles that a workable amendment mechanism generally would follow. The third section presents a typology of the amendment mechanisms that appeared in modern democratic constitutions. The fourth section distinguishes the structural features characterizing the various types of amendment mechanisms. The fifth section compares the natures of partial amendment and total revision of the constitutions, and the differences between the. The sixth section further considers the sequence of stages of the amending process, and the related problems that have to be dealt with in each stages. And the last section is a conclusion which integrates the issues already discussed form a systemic and theoretical perspective. By presenting a comprehensive analysis of the institutional experiences of the constitutional amendments, up to the 90s, it is my hope that the study would further our understandings of one essential and important aspect of constitutional rule, as well as its change and development.
Type
journal article