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Richard Albert

Boston College - Law School

Professor of Law

885 Centre Street

Boston, MA 02459-1163

United States

http://www.richardalbert.com

Yale University - Law School

Visiting Associate Professor of Law (2015-16)

127 Wall Street

New Haven, CT 06520-8215

United States

http://www.law.yale.edu

Universidad Externado de Colombia - Facultad de Derecho

Visiting Professor of Law (2016-17)

Calle 12 # 1-17 este

Calle 12 0 83

Bogota D.C, Cundinamarca 3456

Colombia

http://190.7.110.123/irj/portal/anonymous/fac_derecho

University of Toronto - Faculty of Law

Visiting Professor of Law (2017-18)

78 and 84 Queen's Park

Toronto, Ontario M5S 2C5

Canada

http://www.law.utoronto.ca

Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law

Visiting Professor of Law (2017-18)

P.O. Box 167

Herzliya, 46150

Israel

http://https://www.idc.ac.il/en/schools/law/pages/home.aspx

  • Boston College - Law School

    • Email
    • Tel: 617.552.3930

  • Yale University - Law School

  • University of Toronto - Faculty of Law

  • Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law

SCHOLARLY PAPERS

43

DOWNLOADS

11,578

CITATIONS

4

Scholarly Papers (43)

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1.

The Fusion of Presidentialism and Parliamentarism

American Journal of Comparative Law, Vol. 57, No. 3, 2009, Boston College Law School Legal Studies Research Paper No. 190
Number of pages: 49 Posted: 28 Jun 2009 Last Revised: 16 Mar 2010
Richard Albert
Boston College - Law School
Downloads 805 (20,641)
Citation 1

Abstract:

presidentialism, parliamentarism, constitutional design, efficiency, electoral systems, separation of powers, fusion of powers

2.

Nonconstitutional Amendments

Canadian Journal of Law and Jurisprudence, Vol. 22, No. 1, 2009, Boston College Law School Legal Studies Research Paper No. 187
Number of pages: 47 Posted: 25 Jun 2009 Last Revised: 08 Feb 2010
Richard Albert
Boston College - Law School
Downloads 663 (26,717)

Abstract:

Constitutional Amendment, Constitutional Democracy, Constitutional Law, Comparative Constitutional Law, Sovereignty, Legitimacy, Statehood, Canada, Germany, India, South Africa, United States

3.

The Cult of Constitutionalism

Florida State University Law Review, Vol. 39, No. 3, 2012
Number of pages: 44 Posted: 09 Dec 2010 Last Revised: 09 Jan 2016
Richard Albert
Boston College - Law School
Downloads 619 (30,914)

Abstract:

Constitutionalism, Constitutions, Comparative Constitutional Law, Comparative Law, United States Constitution, NCAA Constitution

4.

Constitutional Handcuffs

Arizona State Law Journal, Vol. 42, No. 3, 2010, Boston College Law School Legal Studies Research Paper No. 225
Number of pages: 54 Posted: 22 Sep 2009 Last Revised: 27 Apr 2011
Richard Albert
Boston College - Law School
Downloads 535 (35,549)

Abstract:

Comparative Constitutional Law, Democratization, Entrenchment, Constitutional Amendment, Constitutionalism, Democracy, Participatory Democracy, Procedural Democracy, Substantive Democracy

5.

Presidential Values in Parliamentary Democracies

International Journal of Constitutional Law, Vol. 8, No. 2, 2010 , Boston College Law School Legal Studies Research Paper No. 194
Number of pages: 30 Posted: 26 Mar 2010 Last Revised: 03 Nov 2013
Richard Albert
Boston College - Law School
Downloads 458 (45,504)

Abstract:

Constitutional Theory, Constitutional Design, Separation of Powers, Parliamentarism, Presidentialism, Comparative Constitutional Structure

6.

The Next Constitutional Revolution

University of Detroit Mercy Law Review, Vol. 88, No. 4, p. 707, 2011
Number of pages: 29 Posted: 23 Mar 2011 Last Revised: 06 Mar 2012
Richard Albert
Boston College - Law School
Downloads 405 (51,445)

Abstract:

Constitutional Politics, Federalism, Confederalist Theory, State Sovereignty, State Supremacy, Franklin Delano Roosevelt, Abraham Lincoln, Federalists, Antifederalists, Clarence Thomas, Supreme Court

7.

The Evolving Vice Presidency

Temple Law Review, Vol. 78, No. 4, 2005
Number of pages: 86 Posted: 29 Jun 2009 Last Revised: 02 Sep 2015
Richard Albert
Boston College - Law School
Downloads 361 (60,371)

Abstract:

Vice Presidency, Vice President, Presidential Politics, Constitutional Design, Democratic Convention, Republican Convention, Presidential Nominee, Vice Presidential Nominee, Electoral College, Al Gore, Dick Cheney, George H.W. Bush, Walter Mondale, Democracy, Democratic Legitimacy

8.

Counterconstitutionalism

Dalhousie Law Journal, Vol. 31, p. 1, 2008 , Boston College Law School Legal Studies Research Paper No. 183
Number of pages: 55 Posted: 28 Jun 2009 Last Revised: 25 Sep 2009
Richard Albert
Boston College - Law School
Downloads 284 (73,133)
Citation 1

Abstract:

democracy, constitutionalism, Bills of Rights, citizenship, participatory democracy, liberal democracy, constitutional design, Canada, United States, South Africa, India, Germany

9.

The Constitutional Imbalance

New Mexico Law Review, Vol. 37, No. 1, 2007
Number of pages: 38 Posted: 25 Jun 2009 Last Revised: 22 Sep 2009
Richard Albert
Boston College - Law School
Downloads 240 (97,082)
Citation 1

Abstract:

judicial review, judiciary, Founding Fathers, Federalists, Anti-Federalists, Federalist Papers, popular sovereignty, Alexander Bickel

10.

Advisory Review

Alberta Law Review, Vol. 45, No. 4, 2008, Boston College Law School Legal Studies Research Paper No. 2008-01
Number of pages: 35 Posted: 25 Jun 2009 Last Revised: 18 Mar 2010
Richard Albert
Boston College - Law School
Downloads 232 (101,231)

Abstract:

Notwithstanding Clause, judicial review, Canada, Charter of Rights and Freedoms, democratic legitimacy, desuetude

11.

The Constitutional Politics of the Establishment Clause

Chicago-Kent Law Review, Vol. 87, No. 1, 2012
Number of pages: 31 Posted: 05 Nov 2011 Last Revised: 29 Apr 2012
Richard Albert
Boston College - Law School
Downloads 229 (103,801)

Abstract:

Establishment Clause, Separation of Powers, Religion, Church and State, Constitutional Politics, Neutrality, Prudential Standing, Nonjusticiability, Flast, Valley Forge, Hein, Winn, Incorporation, Bill of Rights, Supreme Court, Elena Kagan, Clarence Thomas, Passive Virtues

12.

Constitutional Amendment by Constitutional Desuetude

62 American Journal of Comparative Law 641 (2014), Boston College Law School Legal Studies Research Paper No. 328
Number of pages: 47 Posted: 02 Jul 2014 Last Revised: 29 Dec 2015
Richard Albert
Boston College - Law School
Downloads 219 (77,017)

Abstract:

Constitutional Amendment, Formal Amendment, Informal Amendment, Desuetude, Disallowance, Reservation, Notwithstanding Clause, Section 33, Constitutional Convention

13.

Amending Constitutional Amendment Rules

International Journal of Constitutional Law (2015 Forthcoming), Boston College Law School Legal Studies Research Paper No. 336
Number of pages: 29 Posted: 20 Sep 2014 Last Revised: 25 May 2015
Richard Albert
Boston College - Law School
Downloads 195 (76,208)

Abstract:

Constitutional Amendment, Japanese Constitution, Canadian Constitution, United States Constitution, Equal Suffrage Clause, Unamendability, Constitutional Conventions, Constitutional Change, Entrenchment, Constitutional Design

14.

Protest, Proportionality and the Politics of Privacy

Loyola of Los Angeles International and Comparative Law Review, Vol. 27, No. 1, 2005
Number of pages: 62 Posted: 29 Jun 2009 Last Revised: 02 Sep 2015
Richard Albert
Boston College - Law School
Downloads 185 (124,221)

Abstract:

Privacy, Religion, Religious Expression, Abortion, Canada, United States, Comparative Constitutional Law, Constitutional Law, Comparative Law, Proportionality, Abortion Clinics

15.

The Constitutional Politics of Presidential Succession

Hofstra Law Review, Vol. 39, No. 3, 2011, Boston College Law School Legal Studies Research Paper No. 242
Number of pages: 80 Posted: 09 Dec 2010 Last Revised: 26 Aug 2011
Richard Albert
Boston College - Law School
Downloads 184 (126,615)

Abstract:

Presidential Succession, Presidency, Vice Presidency, Constitution, Constitutional Law, Speaker of the House, Senate President Pro Tempore, Cabinet

16.

The Difficulty of Constitutional Amendment in Canada

53 Alberta Law Review 85 (2015), Boston College Law School Legal Studies Research Paper No. 362
Number of pages: 30 Posted: 25 May 2015 Last Revised: 16 Dec 2015
Richard Albert
Boston College - Law School
Downloads 176 (68,994)

Abstract:

Constitutional Amendment, Formal Amendment, Informal Amendment, Constitution of Canada, United States Constitutional, Amendment Difficulty, Constitutional Rigidity, Secession Reference, Senate Reference, Nadon Reference, Regional Veto Law, Clarity Act

17.

American Separationism and Liberal Democracy

Marquette Law Review, Vol. 88, No. 5, 2005
Number of pages: 60 Posted: 29 Jun 2009 Last Revised: 02 Sep 2015
Richard Albert
Boston College - Law School
Downloads 175 (129,591)

Abstract:

Establishment Clause, Comparative Constitutional Law, Constitutional Law, Comparative Law, Religion, Rreedom of Religion, Liberal Democracy, Canada, United States, Argentina, Denmark, Finland, Sweden, England, Separation of Church and State, Religious Schools, Denominational Schools

18.

Religion in the New Republic

Louisiana Law Review, Vol. 67, No. 1, 2006
Number of pages: 54 Posted: 29 Jun 2009 Last Revised: 02 Sep 2015
Richard Albert
Boston College - Law School
Downloads 175 (133,551)
Citation 1

Abstract:

Establishment Clause, Religion, Freedom of Religion, Established Church, Supreme Court, Disestablishment, Colonial History, Bill of Rights, American History

19.

The Structure of Constitutional Amendment Rules

49 Wake Forest Law Review 913 (2014), Boston College Law School Legal Studies Research Paper No. 326
Number of pages: 63 Posted: 02 Jul 2014 Last Revised: 26 Jan 2015
Richard Albert
Boston College - Law School
Downloads 166 (85,082)

Abstract:

Constitutional Amendment, Formal Amendment, Constitutional Design, Revision, Constitutional Values

20.

The Expressive Function of Constitutional Amendment Rules

59 McGill Law Journal 225 (2013)
Number of pages: 57 Posted: 22 Jul 2013 Last Revised: 06 Aug 2014
Richard Albert
Boston College - Law School
Downloads 156 (103,801)

Abstract:

Constitutional Amendment, Formal Amendment, Informal Amendment, Comparative Constitutional Law, Canadian Constitution, German Basic Law, South African Constitution, United States Constitution, Constitutional Design, Constitutional Values

21.

How Unwritten Constitutional Norms Change Written Constitutions

Dublin University Law Journal, Vol. 38, 2015, Boston College Law School Legal Studies Research Paper No. 364
Number of pages: 34 Posted: 10 Jul 2015 Last Revised: 06 Jan 2016
Richard Albert
Boston College - Law School
Downloads 140 (64,647)

Abstract:

Constitutional Change, Constitutional Convention, Unwritten Constitutional Norms, Constitutional Amendment, Formal Amendment, Informal Amendment, Constitutional Interpretation, Constitution of Canada, United States Constitution, Ivor Jennings, Rule of Law, Democracy

22.

Popular Will and the Establishment Clause

University of Memphis Law Review, Vol. 35, No. 1, 2005
Number of pages: 56 Posted: 29 Jun 2009 Last Revised: 02 Sep 2015
Richard Albert
Boston College - Law School
Downloads 140 (164,295)

Abstract:

Establishment Clause, Religion, Neutrality, Lemon, Everson, Religious Schools, Denominational Schools, Alexander Bickel, Cass Sunstein

23.

The Separation of Higher Powers

Southern Methodist University Law Review, Vol. 65, No. 1, 2012
Number of pages: 67 Posted: 05 Nov 2011 Last Revised: 09 Jan 2016
Richard Albert
Boston College - Law School
Downloads 135 (154,385)

Abstract:

Separation of Powers, Establishment Clause, Bill of Rights, Federalism, Congress, Religion, Church and State, God and Man, Lemon Test, Endorsement Test, Neutrality Test, Sandra Day O'Connor

24.

Beyond the Conventional Establishment Clause Narrative

Seattle University Law Review, Vol. 28, No. 2, 2005
Number of pages: 50 Posted: 29 Jun 2009 Last Revised: 02 Sep 2015
Richard Albert
Boston College - Law School
Downloads 135 (162,455)

Abstract:

Establishment Clause, Fourteenth Amendment, Bill of Rights, Founding Fathers, James Madison, Thomas Jefferson, Frederick Douglass, Akhil Amar, Kurt Lash, Reconstruction, Religion

25.

Constructive Unamendability in Canada and the United States

67 Supreme Court Law Review (2d) 181 (2014), Boston College Law School Legal Studies Research Paper No. 331
Number of pages: 39 Posted: 13 Jul 2014 Last Revised: 29 Dec 2015
Richard Albert
Boston College - Law School
Downloads 127 (143,382)

Abstract:

Constitutional Amendment, Unamendability, Constructive Unamendability, Senate Reform, Equal Suffrage Clause, Article V, Supreme Court of Canada

26.

The Unamendable Core of the United States Constitution

Comparative Perspectives on the Fundamental Freedom of Expression (Andras Koltay ed., 2015, Forthcoming), Boston College Law School Legal Studies Research Paper No. 361
Number of pages: 36 Posted: 07 May 2015 Last Revised: 02 Feb 2016
Richard Albert
Boston College - Law School
Downloads 117 (119,130)

Abstract:

Comparative Constitutional Law, Comparative Constitutional Amendment, Constitutional Change, Informal Amendment, Constitutional Interpretation, Judicial Review, United States Constitution, Indian Constitution, Constitutional Design, Unamendability, First Amendment, Expression, Democracy

27.

Constitutional Amendment by Stealth

60 McGill Law Journal 673 (2015), Boston College Law School Legal Studies Research Paper No. 357
Number of pages: 64 Posted: 04 Apr 2015 Last Revised: 11 Aug 2016
Richard Albert
Boston College - Law School
Downloads 94 (133,551)

Abstract:

Constitutional Amendment, Formal Amendment, Informal Amendment, Constitutional Convention, Senate Reference, Senate Reform, Comparative Constitutional Law, Constitution of Canada, United States Constitution

28.

Constitutional Disuse or Desuetude: The Case of Article V

94 Boston University Law Review 1029 (2014), Boston College Law School Legal Studies Research Paper No. 327
Number of pages: 54 Posted: 02 Jul 2014 Last Revised: 26 Jan 2015
Richard Albert
Boston College - Law School
Downloads 90 (179,193)

Abstract:

Constitutional Amendment, Formal Amendment, Informal Amendment, Article V, Amendment Difficulty

29.

The Theory and Doctrine of Unconstitutional Constitutional Amendment in Canada

41 Queen's Law Journal (2016 Forthcoming), Boston College Law School Legal Studies Research Paper No. 376
Number of pages: 49 Posted: 24 Aug 2015 Last Revised: 27 Aug 2015
Richard Albert
Boston College - Law School
Downloads 86 (93,618)

Abstract:

Constitutional Amendment, Unconstitutional Constitutional Amendment, Basic Structure Doctrine, Formal Amendment, Informal Amendment, Constitution of Canada, Indian Constitution, Amendment Difficulty, Supreme Court of Canada, Constitutional Interpretation

30.

How a Court Becomes Supreme

77 Maryland Law Review (Forthcoming)
Number of pages: 13 Posted: 30 May 2017
Richard Albert
Boston College - Law School
Downloads 0 (190,558)

Abstract:

Constitutional Amendment, Unconstitutional Constitutional Amendment, Corwin Amendment, Constitutional Democracy, Juristocracy, Basic Structure Doctrine, Belize, Czech Republic, United States, Togo, Nicaragua, South Africa

31.

Constitutional Reform in Brazil: Lessons from Albania?

4 Revista de Investigações Constitucionais (Forthcoming), Boston College Law School Legal Studies Research Paper No. 453,
Number of pages: 19 Posted: 01 May 2017 Last Revised: 28 May 2017
Richard Albert, Juliano Zaiden Benvindo, Klodian Rado and Fabian Zhilla
Boston College - Law School, University of Brasilia, York University, Osgoode Hall Law School and King's College London
Downloads 0 (384,930)

Abstract:

Constitutional Reform, Constitutional Amendment, Corruption, Albania, Judicial Corruption, Transitional Vetting, European Union, Impeachment, Petrobras, Odebrecht, National Council of Justice, Constitutional Court of Albania, Code of Judicial Ethics, High Judicial Council, School of Magistrates

32.

Constitutional Reform in the Caribbean

16 Election Law Journal (Forthcoming), Boston College Law School Legal Studies Research Paper No. 454
Number of pages: 14 Posted: 01 May 2017 Last Revised: 28 May 2017
Richard Albert
Boston College - Law School
Downloads 0 (305,409)

Abstract:

Constitutional Amendment, Caribbean, Bahamas, Saint Lucia, Trinidad and Tobago, Electoral Reform, Election Law, Plurality Voting, Popular Recall, Monarchy, Republic, Colonial Constitution, Senate Reform, Campaign Finance, Official Opposition, Judicial Committee of the Privy Council, Prime Minister

33.

Constitutions Imposed with Consent?

Boston College Law School Legal Studies Research Paper No. 434
Number of pages: 16 Posted: 04 Feb 2017 Last Revised: 18 Apr 2017
Richard Albert
Boston College - Law School
Downloads 0 (127,759)

Abstract:

Imposed Constitutions, Heteronomy, Japanese Constitution, Canadian Constitution, Commonwealth Caribbean, South African Constitution, Grenadian Constitution, Caribbean Court of Justice, Constitutional Amendment, Constitution-Making, Patriation, Colonialism, Global Constitutionalism

34.

The State of the Art in Constitutional Amendment (Introduction)

Forthcoming, The Foundations and Traditions of Constitutional Amendment (Edited by Richard Albert, Xenophon Contiades and Alkmene Fotiadou, Hart Publishing, 2017); ISBN: 978-1509908257, Boston College Law School Legal Studies Research Paper No. 432
Number of pages: 22 Posted: 06 Jan 2017 Last Revised: 21 Jan 2017
Richard Albert
Boston College - Law School
Downloads 0 (183,625)

Abstract:

Constitutional Amendment, Formal Amendment, Informal Amendment, Unamendability, Amendment Procedures, Amendment Formula, Constituent Power

35.

The Desuetude of the Notwithstanding Clause -- And How to Revive it

The Court/Constitution and Public Policy (Emmett Macfarlane ed., Forthcoming), Boston College Law School Legal Studies Research Paper No. 425
Number of pages: 15 Posted: 10 Dec 2016
Richard Albert
Boston College - Law School
Downloads 0 (229,558)

Abstract:

Notwithstanding Clause, Legislative Override, Constitutional Change, Constitutional Convention, Canadian Constitution, Supreme Court of Canada, Constitutional Desuetude, Reservation, Disallowance

36.

Constitutional Amendment and Dismemberment

Yale Journal of International Law, Vol. 43, 2018 Forthcoming, Boston College Law School Legal Studies Research Paper No. 424
Number of pages: 118 Posted: 28 Nov 2016 Last Revised: 17 Apr 2017
Richard Albert
Boston College - Law School
Downloads 0 (41,880)

Abstract:

Constitutional Amendment, Constitution-Making, Unconstitutional Constitutional Amendment, Constituent Power, United States Constitution, Article V, Constitutional Convention, Unamendable Constitutional Provision, Unamendability, Imposed Constitutions, Colonial Constitutions, Constitutional Endurance

37.

Four Unconstitutional Constitutions and their Democratic Foundations

50 Cornell International Law Journal (2017), Forthcoming
Number of pages: 26 Posted: 29 Oct 2016
Richard Albert
Boston College - Law School
Downloads 0 (110,301)

Abstract:

Constitutional Design, Unconstitutional Constitutional Amendment, Constitution-Making, Constitutional Change, Constitutional Amendment, Canadian Constitution, Mexican Constitution, United States Constitution, South African Constitution, Certification Decision

38.

Quasi-Constitutional Amendments

Boston College Law School Legal Studies Research Paper No. 419
Number of pages: 18 Posted: 04 Oct 2016 Last Revised: 27 Oct 2016
Richard Albert
Boston College - Law School
Downloads 0 (120,791)

Abstract:

Constitutional Amendment, Constitutional Statutes, Quasi-Constitutionality, Constitutional Change, Constitution of Canada, Canadian Constitution, Amending Formula, Amendment Difficulty, Constitutional Rigidity, Superstatutes, Canadian Bill of Rights Act, Regional Veto Law, Senate Reform

39.

Amendment and Revision in the Unmaking of Constitutions

Richard Albert, "Amendment and Revision in the Unmaking of Constitutions" in Edward Elgar Handbook on Comparative Constitution-Making (David Landau & Hanna Lerner, eds., 2017 Forthcoming), Boston College Law School Legal Studies Research Paper No. 420
Number of pages: 22 Posted: 25 Sep 2016 Last Revised: 27 Oct 2016
Richard Albert
Boston College - Law School
Downloads 0 (156,066)

Abstract:

Constitutional Amendment, Constitutional Change, Constitutional Revision, Constitutional Replacement, Constitutional Founding, Constitutional Revolution, Amendment, Revision, Constitutional Moments, Belize, Canada, Czech Republic, India, United States, Comparative Constitutional Law

40.

Temporal Limitations in Constitutional Amendment

21 Review of Constitutional Studies, 2016, Boston College Law School Legal Studies Research Paper No. 390
Number of pages: 28 Posted: 19 Mar 2016 Last Revised: 15 Dec 2016
Richard Albert
Boston College - Law School
Downloads 0 (177,018)

Abstract:

Constitutional Amendment, United States Constitution, Canadian Constitution, Formal Amendment, Meech Lake Accord, Charlottetown Accord, Equal Rights Amendment, Corwin Amendment, Constitutional Design, Time, Deliberation, Ratification, Constitutional Change

41.

American Exceptionalism in Constitutional Amendment

69 Arkansas Law Review 217 (2016) (Symposium), Boston College Law School Legal Studies Research Paper No. 389
Number of pages: 36 Posted: 14 Feb 2016 Last Revised: 23 Nov 2016
Richard Albert
Boston College - Law School
Downloads 0 (201,820)

Abstract:

Constitutional Amendment, Constitutional Change, United States Constitution, U.S. State Constitutions, Revision, Unamendable Constitutional Provision, Formal Unamendability, Informal Unamendability, Unconstitutional Constitutional Amendment, Popular Sovereignty

42.

The Progressive Era of Constitutional Amendment

Eficiência e Ética na Administração Pública (Luiz Alberto Blanchet et al. eds., 2015), Boston College Law School Legal Studies Research Paper No. 386,
Number of pages: 27 Posted: 30 Dec 2015 Last Revised: 06 Jan 2016
Richard Albert
Boston College - Law School
Downloads 0 (231,233)

Abstract:

United States Constitution, Constitutional Amendment, Progressive Era, Seventeenth Amendment, United States Senate, Corruption, Amendment Difficulty

43.

The Conventions of Constitutional Amendment in Canada

53 Osgoode Hall Law Journal, 2016, Forthcoming, Boston College Law School Legal Studies Research Paper No. 387, Osgoode Legal Studies Research Paper No. 38/2016
Number of pages: 33 Posted: 20 Dec 2015 Last Revised: 29 Jan 2016
Richard Albert
Boston College - Law School
Downloads 0 (170,947)

Abstract:

Constitutional Amendment, Constitutional Conventions, Constitution of Canada, Referendum, Jennings Test, Patriation Reference, Secession Reference, Senate Reform Reference, Charlottetown Accord, Meech Lake Accord

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