Richard Albert

University of Texas at Austin - School of Law

William Stamps Farish Professor of Law

727 East Dean Keeton Street

Austin, TX 78705

United States

http://law.utexas.edu/faculty/richard-albert

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

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

Universidad Externado de Colombia - Facultad de Derecho

Visiting Professor of Law (2016-18)

Calle 12 # 1-17 este

Calle 12 0 83

Bogota D.C, Cundinamarca 3456

Colombia

http://https://www.uexternado.edu.co/derecho/

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

  • University of Texas at Austin - School of Law

    • Email
    • Tel: 512.213.1113

  • University of Toronto - Faculty of Law

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

SCHOLARLY PAPERS

55

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17,709

CITATIONS

4

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“  I write about constitutional amendment from comparative, doctrinal, historical and theoretical perspectives. I am interested in reading any drafts on the subject, and I welcome your comments on mine. Please contact me at richard.albert[at]law.utexas.edu.  ”

  • University of Texas at Austin - School of Law

    • Email
    • Tel: 512.213.1113

  • University of Toronto - Faculty of Law

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

Scholarly Papers (55)

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1.

The I·CONnect-Clough Center 2017 Global Review of Constitutional Law

The I·CONnect-Clough Center 2017 Global Review of Constitutional Law. ISBN: 978-0-692-15916-3. Published by the Clough Center for the Study of Constitutional Democracy, FSU College of Law, Public Law Research Paper No. 888, U of Texas Law, Public Law Research Paper
Number of pages: 330 Posted: 22 Aug 2018
Richard Albert, David Landau, Pietro Faraguna and Šimon Drugda
University of Texas at Austin - School of Law, Florida State University - College of Law, University of Trieste and University of Copenhagen, Faculty of Law
Downloads 1,508 (10,999)

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Comparative Constitutional Law; Constitutional Law; Constitutional Politics; Constitutional Courts; Supreme Courts; Global Constitutionalism; Comparative Law; Public Law; I-CONnect; Judicial Review; Judicial Politics; Clough Center for the Study of Constitutional Democracy

2.

The Fusion of Presidentialism and Parliamentarism

57 American Journal of Comparative Law 531 (2009), Boston College Law School Legal Studies Research Paper No. 190
Number of pages: 49 Posted: 28 Jun 2009 Last Revised: 14 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 939 (22,713)
Citation 1

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

3.

Constitutional Amendment and Dismemberment

43 Yale Journal of International Law 1 (2018), Boston College Law School Legal Studies Research Paper No. 424
Number of pages: 84 Posted: 28 Nov 2016 Last Revised: 01 Mar 2018
Richard Albert
University of Texas at Austin - School of Law
Downloads 859 (25,847)

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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

4.

Nonconstitutional Amendments

22 Canadian Journal of Law and Jurisprudence 5 (2009), Boston College Law School Legal Studies Research Paper No. 187
Number of pages: 47 Posted: 25 Jun 2009 Last Revised: 14 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 811 (28,099)

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

5.

The I·CONnect-Clough Center 2016 Global Review of Constitutional Law

The I·CONnect-Clough Center 2016 Global Review of Constitutional Law. ISBN: 9780692925164. Published by the Clough Center for the Study of Constitutional Democracy.
Number of pages: 234 Posted: 10 Aug 2017 Last Revised: 19 Sep 2017
Richard Albert, David Landau, Pietro Faraguna and Šimon Drugda
University of Texas at Austin - School of Law, Florida State University - College of Law, University of Trieste and University of Copenhagen, Faculty of Law
Downloads 737 (32,024)

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Comparative Constitutional Law; Constitutional Law; Constitutional Politics; Constitutional Courts; Supreme Courts; Global Constitutionalism; Comparative Law; Public Law; I-CONnect; Judicial Review; Judicial Politics

6.

The Cult of Constitutionalism

39 Florida State University Law Review 373 (2012)
Number of pages: 44 Posted: 09 Dec 2010 Last Revised: 15 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 703 (34,119)

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

7.

Constitutional Handcuffs

42 Arizona State Law Journal 663 (2010), Boston College Law School Legal Studies Research Paper No. 225
Number of pages: 54 Posted: 22 Sep 2009 Last Revised: 15 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 663 (36,957)

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

8.

Presidential Values in Parliamentary Democracies

8 International Journal of Constitutional Law 207 (2010), Boston College Law School Legal Studies Research Paper No. 194
Number of pages: 30 Posted: 26 Mar 2010 Last Revised: 15 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 515 (51,313)

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

9.

The Next Constitutional Revolution

88 University of Detroit Mercy Law Review 707 (2011)
Number of pages: 29 Posted: 23 Mar 2011 Last Revised: 16 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 468 (57,923)

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

10.

How Unwritten Constitutional Norms Change Written Constitutions

38 Dublin University Law Journal 387 (2015), Boston College Law School Legal Studies Research Paper No. 364
Number of pages: 34 Posted: 10 Jul 2015 Last Revised: 15 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 462 (58,828)

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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

11.

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
University of Texas at Austin - School of Law
Downloads 428 (64,589)

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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

12.

The Evolving Vice Presidency

78 Temple Law Review 811 (2005)
Number of pages: 86 Posted: 29 Jun 2009 Last Revised: 15 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 408 (68,390)

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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

13.

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
University of Texas at Austin - School of Law
Downloads 392 (71,630)

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

14.

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
University of Texas at Austin - School of Law
Downloads 382 (73,910)

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

15.

Amending Constitutional Amendment Rules

13 International Journal of Constitutional Law 655 (2015), Boston College Law School Legal Studies Research Paper No. 336
Number of pages: 29 Posted: 20 Sep 2014 Last Revised: 15 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 371 (76,411)

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

16.

Counterconstitutionalism

31 Dalhousie Law Journal 1 (2008), Boston College Law School Legal Studies Research Paper No. 183
Number of pages: 55 Posted: 28 Jun 2009 Last Revised: 14 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 368 (77,154)
Citation 1

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

17.

The Theory and Doctrine of Unconstitutional Constitutional Amendment in Canada

41 Queen's Law Journal 143 (2016), Boston College Law School Legal Studies Research Paper No. 376
Number of pages: 65 Posted: 24 Aug 2015 Last Revised: 15 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 349 (82,031)

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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

18.

Judging Constitutional Conventions

Oxford Legal Studies Research Paper No. 59/2017
Number of pages: 43 Posted: 28 Sep 2017
Farrah Ahmed, Richard Albert and Adam Perry
University of Melbourne - Law School, University of Texas at Austin - School of Law and University of Oxford - Faculty of Law
Downloads 341 (84,297)

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Constitutional Conventions, Doctrine of Legitimate Expectations, Constitutional Change, Patriation Reference, Canadian Constitution, Indian Constitution, UK Constitution, Miller, Brexit, Second Judges Case, Third Judges Case, Disallowance, Reservation

19.

Four Unconstitutional Constitutions and their Democratic Foundations

50 Cornell International Law Journal 169 (2017), Boston College Law School Legal Studies Research Paper No. 465
Number of pages: 31 Posted: 29 Oct 2016 Last Revised: 06 Oct 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 305 (95,485)

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

20.

Constitutions Imposed with Consent?

Forthcoming in The Law and Legitimacy of Imposed Constitutions, Richard Albert, Xenophon Contiades and Alkmene Fotiadou eds., Boston College Law School Legal Studies Research Paper No. 434
Number of pages: 15 Posted: 04 Feb 2017 Last Revised: 20 Apr 2018
Richard Albert
University of Texas at Austin - School of Law
Downloads 301 (96,850)

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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

21.

Quasi-Constitutional Amendments

Buffalo Law Review Vol. 65, 739, 2016, Boston College Law School Legal Studies Research Paper No. 419
Number of pages: 32 Posted: 04 Oct 2016 Last Revised: 25 Oct 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 293 (99,719)

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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

22.

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
University of Texas at Austin - School of Law
Downloads 279 (105,030)

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

23.

The State of the Art in Constitutional Amendment (Introduction)

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: 14 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 274 (107,072)

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

24.

The Constitutional Imbalance

37 New Mexico Law Review 1 (2007)
Number of pages: 38 Posted: 25 Jun 2009 Last Revised: 14 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 269 (109,263)
Citation 1

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

25.

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
University of Texas at Austin - School of Law
Downloads 264 (111,401)

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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

26.

Advisory Review

45 Alberta Law Review 1037 (2008), Boston College Law School Legal Studies Research Paper No. 2008-01
Number of pages: 35 Posted: 25 Jun 2009 Last Revised: 14 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 253 (116,474)

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

27.

The Constitutional Politics of the Establishment Clause

87 Chicago-Kent Law Review 867 (2012)
Number of pages: 31 Posted: 05 Nov 2011 Last Revised: 16 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 251 (117,410)

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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

28.

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
University of Texas at Austin - School of Law
Downloads 238 (123,833)

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

29.

Amendment and Revision in the Unmaking of Constitutions

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: 25 Posted: 25 Sep 2016 Last Revised: 15 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 225 (130,952)

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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

30.

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
University of Texas at Austin - School of Law
Downloads 224 (131,524)

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

31.

How a Court Becomes Supreme

77 Maryland Law Review (Forthcoming)
Number of pages: 13 Posted: 30 May 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 221 (133,267)

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

32.

Protest, Proportionality and the Politics of Privacy

27 Loyola of Los Angeles International and Comparative Law Review 1 (2005)
Number of pages: 62 Posted: 29 Jun 2009 Last Revised: 15 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 208 (141,210)

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

33.

American Separationism and Liberal Democracy

88 Marquette Law Review 867 (2005)
Number of pages: 60 Posted: 29 Jun 2009 Last Revised: 14 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 207 (141,849)

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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

34.

The Constitutional Politics of Presidential Succession

39 Hofstra Law Review 497 (2011), Boston College Law School Legal Studies Research Paper No. 242
Number of pages: 80 Posted: 09 Dec 2010 Last Revised: 16 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 205 (143,149)

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

35.

Religion in the New Republic

67 Louisiana Law Review 1 (2006)
Number of pages: 54 Posted: 29 Jun 2009 Last Revised: 15 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 193 (151,410)
Citation 1

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

36.

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
University of Texas at Austin - School of Law
Downloads 189 (154,334)

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

37.

Temporal Limitations in Constitutional Amendment

21 Review of Constitutional Studies 37 (2016), Boston College Law School Legal Studies Research Paper No. 390
Number of pages: 28 Posted: 19 Mar 2016 Last Revised: 14 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 181 (160,480)

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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

38.

The Formalist Resistance to Unconstitutional Constitutional Amendments

Hastings Law Journal, Vol. 70, 2019, Forthcoming, U of Texas Law, Public Law Research Paper
Number of pages: 27 Posted: 26 Jun 2018
Richard Albert, Malkhaz Nakashidze and Tarik Olcay
University of Texas at Austin - School of Law, Batumi Shota Rustaveli State University - School of Law and University of Glasgow, School of Law
Downloads 172 (167,941)

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Constitutional Amendment, Unconstitutional Constitutional Amendment, French Constitution, Georgian Constitution, Turkish Constitution, Formalism, Positivism, Formal Amendment, Informal Amendment, Constitutional Change, Conseil Constitutionnel

39.

The Separation of Higher Powers

65 Southern Methodist University Law Review 3 (2012)
Number of pages: 67 Posted: 05 Nov 2011 Last Revised: 15 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 169 (170,554)

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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

40.

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 Benvindo, Klodian Rado and Fabian Zhilla
University of Texas at Austin - School of Law, University of Brasilia, York University, Osgoode Hall Law School and King's College London
Downloads 164 (175,056)

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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

41.

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
University of Texas at Austin - School of Law
Downloads 160 (178,745)

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

42.

The Conventions of Constitutional Amendment in Canada

53 Osgoode Hall Law Journal 399 (2016), Boston College Law School Legal Studies Research Paper No. 387, Osgoode Legal Studies Research Paper No. 38/2016
Number of pages: 46 Posted: 20 Dec 2015 Last Revised: 14 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 159 (179,710)

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

43.

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
University of Texas at Austin - School of Law
Downloads 156 (182,642)

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

44.

Beyond the Conventional Establishment Clause Narrative

28 Seattle University Law Review 329 (2005)
Number of pages: 50 Posted: 29 Jun 2009 Last Revised: 14 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 156 (182,642)

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

45.

Popular Will and the Establishment Clause

35 University of Memphis Law Review 199 (2005)
Number of pages: 56 Posted: 29 Jun 2009 Last Revised: 15 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 152 (186,672)

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

46.

The Values of Canadian Constitutionalism

Canada in the World: Comparative Perspectives on the Canadian Constitution (Edited by Richard Albert & David R. Cameron, Cambridge University Press); ISBN: 9781108333436; 2017 Forthcoming, Boston College Law School Legal Studies Research Paper No. 459
Number of pages: 36 Posted: 01 Aug 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 147 (191,827)

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Constitution of Canada, Constitutional Values, Constitutional Amendment, Supreme Court of Canada, British North America Act 1867, Constitution Act 1982, Canadian Charter of Rights and Freedoms, Beverley McLachlin, Comparative Constitutional Law, Comparative Constitutional Amendment

47.

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
University of Texas at Austin - School of Law
Downloads 145 (194,005)

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

48.

The Democratic Resilience of the Canadian Constitution

Constitutional Democracy in Crisis? (Mark Graber, Sanford Levinson and Mark Tushnet, eds., Oxford University Press 2018, Forthcoming)
Number of pages: 19 Posted: 21 Dec 2017 Last Revised: 27 Jan 2018
Richard Albert and Michael Pal
University of Texas at Austin - School of Law and University of Ottawa - Common Law Section
Downloads 137 (203,082)

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Constitutional Democracy, Separation of Powers, Democratic Decline, Presidentialism, Parliamentarism, Democratic Resilience, Democracy Branch, Fourth Branch, Supreme Court of Canada, Constitution of Canada, Electoral Management Bodies, Elections Canada, Constitutional Design, Independent Agencies

49.

Constitutional Reform in the Caribbean

16 Election Law Journal 263 (2017), Boston College Law School Legal Studies Research Paper No. 454
Number of pages: 14 Posted: 01 May 2017 Last Revised: 16 Sep 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 130 (211,827)

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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

50.

Discretionary Referenda in Constitutional Amendment

Boston College Law School Legal Studies Research Paper No. 460
Number of pages: 21 Posted: 28 Aug 2017
Richard Albert
University of Texas at Austin - School of Law
Downloads 122 (222,250)

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Constitutional Amendment, Constitutional Referendums, Constitutional Change, Comparative Constitutional Amendment, Comparative Constitutional Law, Referendums, Canadian Constitution, French Constitution, Colombian Constitution, Peace Pact, Brexit, UK Constitution

51.

The Forms of Unamendability

An Unamendable Constitution? Unamendability in Constitutional States (Edited by Richard Albert and Bertil Emrah Oder, Springer, 2018 Forthcoming), U of Texas Law, Public Law Research Paper
Number of pages: 24 Posted: 04 Jun 2018
Richard Albert and Bertil Oder
University of Texas at Austin - School of Law and Koc University
Downloads 110 (239,736)

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Constitutional Amendment, Formal Amendment, Informal Amendment, Formal Unamendability, Informal Unamendability, Constitutional Design, Eternity Clause, Perpetuity Clause, Entrenchment

52.

Formal Amendment Rules: Functions and Design

Routledge Handbook of Comparative Constitutional Change (Xenophon Contiades & Alkmene Fotiadou, eds., Forthcoming), U of Texas Law, Public Law Research Paper No. 579
Number of pages: 32 Posted: 14 Aug 2018
Richard Albert
University of Texas at Austin - School of Law
Downloads 107 (244,452)

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Constitutional Amendment, Comparative Constitutional Law, Formal Amendment, Informal Amendment, Constitutional Design, Constitution-Making

53.

Religion, Secularism and Limitations on Constitutional Amendment

Edward Elgar Research Handbook on Law & Religion (Rex Ahdar, editor, 2018 Forthcoming)
Number of pages: 29 Posted: 15 Nov 2017
Richard Albert and Yaniv Roznai
University of Texas at Austin - School of Law and Interdisciplinary Center (IDC) Herzliya - Radzyner School of Law
Downloads 95 (264,948)

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Secularism, Theocracy, Constitutional Amendment, Constitutional Interpretation, Unamendable Constitutional Provision, Unamendability, Informal Amendment, Canada, Iran, Turkey, India, Unconstitutional Constitutional Amendment, Formal Amendment, Informal Amendment

54.

Single-Subject Constitutional Amendments

Boston College Law School Legal Studies Research Paper No. 466
Number of pages: 15 Posted: 17 Oct 2017 Last Revised: 03 Jan 2018
Richard Albert
University of Texas at Austin - School of Law
Downloads 86 (282,105)

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Constitutional Amendment, Canadian Constitution, United States Constitution, Single-Subject Rule, One-Subject Rule, Amendment Difficulty, Formal Amendment, Constitutional Rigidity, Meech Lake Accord, Charlottetown Accord, Constitutional Referendum

55.

The Expositor and Guardian of Our Constitutional Values

in Marcus Moore & Daniel Jutras (eds.), "Canada’s Chief Justice: Beverley McLachlin’s Legacy of Law and Leadership" (2018), U of Texas Law, Public Law Research Paper
Number of pages: 20 Posted: 21 Aug 2018 Last Revised: 10 Jan 2019
Richard Albert
University of Texas at Austin - School of Law
Downloads 58 (350,358)

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Constitution of Canada, Constitutional Values, Constitutional Amendment, Supreme Court of Canada, British North America Act 1867, Constitution Act 1982, Canadian Charter of Rights and Freedoms, Beverley McLachlin, Comparative Constitutional Law, Comparative Constitutional Amendment