Richard Albert

University of Texas at Austin - School of Law

William Stamps Farish Professor in Law and Director of Constitutional Studies (present)

727 East Dean Keeton Street

Austin, TX 78705

United States

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

University of Texas at Austin - Department of Government

Professor of Government (present)

College of Liberal Arts

1 University Station A1800

Austin, TX 78712

United States

Université Paris II - Panthéon-Assas

Visiting Professor of Law (2023)

12 place du Pantheon

Paris cedex 06, 75231

France

Universidad de Especialidades Espíritu Santo

Visiting Professor of Law (2020- )

Facultad de Derecho

Av. Samborondón 5

Samborondón, 092301

Ecuador

http://uees.edu.ec/postgrado/postgrado-derecho

Universidad Externado de Colombia - Facultad de Derecho

Visiting Professor of Law (2016-18, 2023)

Calle 12 # 1-17 este

Calle 12 0 83

Bogota D.C, Cundinamarca 3456

Colombia

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

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP

Visiting Professor of Law (2022)

R. Rocha, 233, Bela Vista

São Paulo, 01330-000

Brazil

http://direitosp.fgv.br

University of Toronto - Faculty of Law

Distinguished Visiting Professor of Law (2017-18, 2019-20)

78 and 84 Queen's Park

Toronto, Ontario M5S 2C5

Canada

http://www.law.utoronto.ca

University of Ottawa - Faculty of Law

Allan Rock Visiting Professor (2021-22)

57 Louis Pasteur Street

Ottawa, Ontario K1N 6N5

Canada

http://commonlaw.uottawa.ca

Reichman University - Interdisciplinary Center (IDC) Herzliyah - Harry Radziner School of Law

Visiting Professor of Law (2017-18, 2021-22)

P.O. Box 167

Herzliya, 46150

Israel

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

Airlangga University

Visiting Professor of Law (2021)

Dharmawangsa Dalam Selatan

Surabaya, East Java 60286

Indonesia

http://www.unair.ac.id

Yale University

Canadian Bicentennial Visiting Associate Professor of Law and Political Science (2015-16)

493 College St

New Haven, CT CT 06520

United States

Maharashtra National Law University Mumbai

Visiting Professor of Law (2022- )

2nd Floor, CETTM MTNL Building, Technology Street

Hiranandani Gardens, Powai, Mumbai 400076

Maharashtra

India

http://mnlumumbai.edu.in/vaf.php

SCHOLARLY PAPERS

84

DOWNLOADS

58,762

SSRN CITATIONS

51

CROSSREF CITATIONS

37

Ideas:
“  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.  ”

Scholarly Papers (84)

1.

The 2020 International Review of Constitutional Reform

Published by the Program on Constitutional Studies at the University of Texas at Austin in collaboration with the International Forum on the Future of Constitutionalism (ISBN 978-1-7374527-0-6)
Number of pages: 330 Posted: 07 Sep 2021
Luís Roberto Barroso and Richard Albert
Universidade do Estado do Rio de Janeiro and University of Texas at Austin - School of Law
Downloads 3,525 (6,512)

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Constitutional Reform, Constitutional Revision, Constitutional Amendment, Constitutional Dismemberment, Comparative Constitutional Law, Constitutionalism, Constitution-Making, Constitutional Design

2.

The 2021 Global Review of Constitutional Law

The 2021 Global Review of Constitutional Law. ISBN: 978-0-692-15916-3. Sponsored by the Constitutional Studies Program at the University of Texas at Austin. Published by EUT Edizioni Università di Trieste. ISBN: 978-88-5511-361-8 (EUT), U of Texas Law, Legal Studies Research Paper
Number of pages: 394 Posted: 21 Dec 2022
University of Texas at Austin - School of Law, Florida State University - College of Law, University of Trieste, University of Copenhagen, Faculty of Law and affiliation not provided to SSRN
Downloads 3,098 (7,990)

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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

3.

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
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 2,468 (11,447)

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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

4.

The I·CONnect-Clough Center 2019 Global Review of Constitutional Law

The I·CONnect-Clough Center 2019 Global Review of Constitutional Law. ISBN: 978-0-692-15916-3. Published by the Clough Center for the Study of Constitutional Democracy , U of Texas Law, Public Law Research Paper No. 727, FSU College of Law, Public Law Research Paper No. 934
Number of pages: 381 Posted: 23 Dec 2020 Last Revised: 03 Nov 2022
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 2,311 (12,692)

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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

5.

The I·CONnect-Clough Center 2020 Global Review of Constitutional Law

The I·CONnect-Clough Center 2020 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. 21-10, U of Texas Law, Public Law Research Paper
Number of pages: 338 Posted: 18 Oct 2021 Last Revised: 03 Nov 2022
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 2,276 (13,040)

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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

6.

The 2022 Global Review of Constitutional Law

The 2022 Global Review of Constitutional Law. ISBN: 978-1-7374527-5-1. Sponsored by the Constitutional Studies Program at the University of Texas at Austin. Published by EUT Edizioni Università di Trieste. ISBN: 978-88-5511-460-8 (EUT), U of Texas Law, Legal Studies Research Paper
Number of pages: 388 Posted: 11 Dec 2023
University of Texas at Austin - School of Law, Florida State University - College of Law, University of Trieste and Independent
Downloads 2,034 (15,536)

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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

7.

The I·CONnect-Clough Center 2018 Global Review of Constitutional Law

The I·CONnect-Clough Center 2018 Global Review of Constitutional Law. ISBN: 978-0-692-15916-3. Published by the Clough Center for the Study of Constitutional Democracy (2019), U of Texas Law, Public Law Research Paper No. 711, FSU College of Law, Public Law Research Paper No. 921
Number of pages: 345 Posted: 21 Oct 2019 Last Revised: 03 Nov 2022
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 2,030 (15,588)
Citation 1

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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

8.

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: 08 Sep 2020
Richard Albert
University of Texas at Austin - School of Law
Downloads 1,623 (22,122)
Citation 16

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Constitutional Amendment, Constitution-Making, Unconstitutional Constitutional Amendment, Constituent Power, United States Constitution, Article V, Constitutional Convention, Unamendable Constitutional Provision, Unamendability, Comparative Constitutional Law, Constitutional Design

9.

The 2021 International Review of Constitutional Reform

Published by the Constitutional Studies Program at the University of Texas at Austin in collaboration with the International Forum on the Future of Constitutionalism 2022 (ISBN: 978-1-7374527-2-0), U of Texas Law, Legal Studies Research Paper
Number of pages: 252 Posted: 01 Nov 2022
Luís Roberto Barroso and Richard Albert
Universidade do Estado do Rio de Janeiro and University of Texas at Austin - School of Law
Downloads 1,541 (24,028)

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Constitutional Reform, Constitutional Revision, Constitutional Amendment, Constitutional Dismemberment, Comparative Constitutional Law, Constitutionalism, Constitution-Making, Constitutional Design

10.

The 2022 International Review of Constitutional Reform

Published by the Constitutional Studies Program at the University of Texas at Austin in collaboration with the International Forum on the Future of Constitutionalism 2023 (ISBN: 978-1-7374527-4-4), U of Texas Law, Legal Studies Research Paper
Number of pages: 344 Posted: 29 Nov 2023
Luís Roberto Barroso and Richard Albert
Universidade do Estado do Rio de Janeiro and University of Texas at Austin - School of Law
Downloads 1,494 (25,113)

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Constitutional Reform, Constitutional Revision, Constitutional Amendment, Constitutional Dismemberment, Comparative Constitutional Law, Constitutionalism, Constitution-Making, Constitutional Design

11.

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: 03 Nov 2022
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 1,475 (25,584)

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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

12.

Judging Constitutional Conventions

17 International Journal of Constitutional Law 787 (2019), Oxford Legal Studies Research Paper No. 59/2017
Number of pages: 20 Posted: 28 Sep 2017 Last Revised: 05 Jan 2022
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 1,433 (26,696)
Citation 4

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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

13.

The World's Most Difficult Constitution to Amend?

110 California Law Review 2005 (2022), U of Texas Law, Legal Studies Research Paper
Posted: 12 Jan 2023
Richard Albert
University of Texas at Austin - School of Law
Downloads 1,401 (27,596)

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United States Constitution, Constitutional Amendment, Constructive Unamendability, Democratic Reform, Constitutional Reform, Comparative Amendment Difficulty, Thomas Jefferson

14.

Does the World Need an International Constitutional Court?

3 Rutgers International Law and Human Rights Journal 1 (2023), U of Texas Law, Legal Studies Research Paper
Number of pages: 25 Posted: 26 Aug 2022 Last Revised: 04 Dec 2023
Richard Albert
University of Texas at Austin - School of Law
Downloads 1,386 (28,036)

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International Constitutional Court, Supranational Courts, Regional Courts, Democracy, Rule of Law, Constitutionalism, Mohamed Moncef Marzouki, Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights

15.

Multi-Textual Constitutions

109 Virginia Law Review 1629 (2023), U of Texas Law, Legal Studies Research Paper
Number of pages: 70 Posted: 14 Feb 2023 Last Revised: 24 Dec 2023
Richard Albert
University of Texas at Austin - School of Law
Downloads 1,191 (34,942)

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Written Constitutions, Unwritten Constitutions, Constitutional Codification, U.S. Constitution, Constitutional Veneration, Constitutional Obsolescence, Canadian Constitution, Constitution of Israel, Incremental Constitutionalism, Constitutional Transition, Constitutional Amendment

16.

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: 04 Sep 2020
Richard Albert
University of Texas at Austin - School of Law
Downloads 1,180 (35,429)

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

17.

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 1,117 (38,312)

Abstract:

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

18.

The 2023 International Review of Constitutional Reform

U of Texas Law, Legal Studies Research Paper, Published by the Constitutional Studies Program at the University of Texas at Austin in collaboration with the International Forum on the Future of Constitutionalism 2024 (ISBN: 978-1-7374527-6-8)
Number of pages: 412 Posted: 30 Sep 2024
Luís Roberto Barroso and Richard Albert
Universidade do Estado do Rio de Janeiro and University of Texas at Austin - School of Law
Downloads 1,084 (41,161)

Abstract:

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Constitutional Reform, Constitutional Revision, Constitutional Amendment, Constitutional Dismemberment, Comparative Constitutional Law, Constitutionalism, Constitution-Making, Constitutional Design

19.

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 1,054 (41,680)
Citation 1

Abstract:

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

20.

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 1,036 (42,704)
Citation 3

Abstract:

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

21.

The Most Powerful Court in the World? Judicial Review of Constitutional Amendment in Canada

110 Supreme Court Law Review (2d) 79 (2023) , U of Texas Law, Legal Studies Research Paper
Number of pages: 23 Posted: 22 Sep 2022 Last Revised: 08 Apr 2023
Richard Albert
University of Texas at Austin - School of Law
Downloads 975 (46,611)

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Supreme Court of Canada, Judicial Review, Unconstitutional Constitutional Amendment, Constituent Power, Constitutional Amendment Rules, Patriation, Meech Lake Accord, Charlottetown Accord, Juristocracy, Reference, Senate Reform, Secession Reference, Nadon Reference

22.

Decolonial Constitutionalism

U of Texas Law, Legal Studies Research Paper, 25 Chicago Journal of International Law (forthcoming 2025)
Number of pages: 90 Posted: 20 Aug 2024
Richard Albert
University of Texas at Austin - School of Law
Downloads 886 (53,189)

Abstract:

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Decolonization, Constitutional Reform, Constitutional Monarchy, Indigenous Rights, Indigenous Peoples, Commonwealth Caribbean, Secession, Independence, Sovereignty, United Nations, Constitution-Making, UNDRIP, Regionalism, Australia, Constitutional Rigidity, Voice to Parliament, Greenland, Guatemalan Constitution, Constitution of Barbados, Jamaican Constitution, Treaties, Colombian Constitution, Constitutional Block, U.S. Virgin Islands, Queensland, Caribbean Court of Justice, Japan, Belize, Corsica, France, Quebec, Ecuador, Taiwan, Colombia, Constitutional Block, Batwa, Sweden, Batwa

23.

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 834 (57,715)

Abstract:

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

24.

Which Constitutional Provisions are Most Important?

UNSW Law Research, 1 European Journal of Empirical Legal Studies 19 (2024)
Number of pages: 30 Posted: 06 Jun 2024
University of Texas at Austin - School of Law, Harvard Law School, University of Texas at Austin - School of Law, University of Chicago - Law School, University of New South Wales (UNSW) - UNSW Law & Justice, University of Texas, Austin, University of Chicago Law School, University of Toronto, Florida State University - College of Law, University of Texas, Georgetown University Law Center and University of Virginia School of Law
Downloads 790 (62,121)

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Constitutional Law, Comparative Law, Comparative Constitutional Law, Comparative Constitutional Studies, Expert Survey, Constitutional Design, Constitution-Making

25.

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: 31 Posted: 10 Jul 2015 Last Revised: 04 Jan 2022
Richard Albert
University of Texas at Austin - School of Law
Downloads 766 (64,650)
Citation 2

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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

26.

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 752 (66,225)
Citation 1

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

27.

America's Amoral Constitution

70 American University Law Review 773 (2021), U of Texas Law, Public Law Research Paper No. 720
Number of pages: 55 Posted: 04 Sep 2020 Last Revised: 04 Feb 2021
Richard Albert
University of Texas at Austin - School of Law
Downloads 647 (80,295)

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United States Constitution, Article V, Constitutional Amendment, Judicial Review, State Constitutions, Un-amendability, Constitutional Change

28.

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: 46 Posted: 02 Jul 2014 Last Revised: 04 Jan 2022
Richard Albert
University of Texas at Austin - School of Law
Downloads 591 (90,016)
Citation 3

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

29.

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 587 (90,822)
Citation 1

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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

30.

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 586 (90,993)

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

31.

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 532 (102,692)

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

32.

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 522 (105,105)

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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

33.

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 518 (106,093)
Citation 2

Abstract:

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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

34.

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 510 (108,163)

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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

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
University of Texas at Austin - School of Law
Downloads 475 (117,788)

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

36.

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 457 (123,273)
Citation 1

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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

37.

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 455 (123,904)
Citation 5

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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

38.

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 454 (124,223)

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

39.

The Constitution America Could Have Had

84 University of Pittsburgh Law Review 585 (2023)
Number of pages: 22 Posted: 13 Dec 2023
Richard Albert
University of Texas at Austin - School of Law
Downloads 449 (125,814)

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U.S. Constitution, Thomas Jefferson, James Madison, Abraham Lincoln, Corwin Amendment, Constitutional Amendment, Article V, Amendment Difficulty,

40.

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: 31 Posted: 20 Sep 2014 Last Revised: 04 Jan 2022
Richard Albert
University of Texas at Austin - School of Law
Downloads 447 (126,534)
Citation 1

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

41.

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: 64 Posted: 24 Aug 2015 Last Revised: 04 Jan 2022
Richard Albert
University of Texas at Austin - School of Law
Downloads 446 (126,845)

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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

42.

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 425 (134,166)

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

43.

The Formalist Resistance to Unconstitutional Constitutional Amendments

70 Hastings Law Journal 636 (2019), U of Texas Law, Public Law Research Paper
Number of pages: 32 Posted: 26 Jun 2018 Last Revised: 03 Apr 2024
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 Dundee - Dundee Law School
Downloads 423 (135,302)
Citation 3

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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

44.

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 423 (135,302)

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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

45.

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 415 (137,984)

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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

46.

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 414 (138,398)

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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

47.

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 388 (148,961)

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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

48.

Constitutional Reform in the Caribbean

16 Election Law Journal 263 (2017)
Number of pages: 13 Posted: 01 May 2017 Last Revised: 21 Apr 2023
Richard Albert
University of Texas at Austin - School of Law
Downloads 381 (152,011)

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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

49.

Why Rawls is Wrong about Constitutional Amendment

in Jaclyn Neo & Yaniv Roznai (eds.), Edward Elgar Research Handbook on Constitutionalism and Legal Theory (forthcoming 2025), U of Texas Law, Legal Studies Research Paper
Number of pages: 24 Posted: 10 Jun 2024
Richard Albert
University of Texas at Austin - School of Law
Downloads 380 (152,942)

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Constitutional Amendment, Formal Amendment, Informal Amendment, John Rawls, Constitutional Replacement, Constitutional Dismemberment, U.S. Constitution, First Amendment, Comparative Constitutional Law, Constitutional Change

50.

How a Court Becomes Supreme

77 Maryland Law Review 181 (2017)
Number of pages: 11 Posted: 30 May 2017 Last Revised: 04 Jan 2022
Richard Albert
University of Texas at Austin - School of Law
Downloads 365 (159,475)

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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

51.

Emergency Unamendability: Limitations on Constitutional Amendment in Extreme Conditions

81 Maryland Law Review 243 (2021), U of Texas Law, Public Law Research Paper
Number of pages: 14 Posted: 18 May 2021 Last Revised: 08 Jan 2022
Richard Albert and Yaniv Roznai
University of Texas at Austin - School of Law and Interdisciplinary Center (IDC) Herzliya - Radzyner School of Law
Downloads 361 (161,423)
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Constitutional Amendment, Emergency, Exception, Crisis, Constitutional Change, Unamendabillity, Eternity Clause, Judicial Review, Unconstitutional Constitutional Amendment, Regency, Succession, Sunset Rules, Constitution-Making, Benign Dictator

52.

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: 53 Posted: 02 Jul 2014 Last Revised: 04 Jan 2022
Richard Albert
University of Texas at Austin - School of Law
Downloads 359 (162,336)
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Constitutional Amendment, Formal Amendment, Informal Amendment, Article V, Amendment Difficulty

53.

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 334 (175,529)

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

54.

Formal Amendment Rules: Functions and Design

in Xenophon Contiades and Alkmene Fotiadou (eds.), Routledge Handbook of Comparative Constitutional Change (2020), U of Texas Law, Public Law Research Paper No. 579
Number of pages: 19 Posted: 14 Aug 2018 Last Revised: 04 Jan 2022
Richard Albert
University of Texas at Austin - School of Law
Downloads 329 (178,405)
Citation 1

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

55.

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 312 (188,618)

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

56.

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 306 (192,600)

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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

57.

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 288 (205,273)
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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

58.

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 285 (207,515)

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

59.

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 284 (208,250)

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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

60.

Global Values in National Constitutions

Comparative Constitutional Law: Redefining the Field (Vicki Jackson & Madhav Khosla, eds., Oxford University Press, 2024) (Forthcoming)
Number of pages: 18 Posted: 02 Jan 2024
Richard Albert
University of Texas at Austin - School of Law
Downloads 280 (211,273)

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International Law, Comparative Constitutional Law, International Human Rights, Constitutional Amendment, Constitutional Design, Constitution of Bosnia and Herzegovina, Constitution of Switzerland, Constitution of South Africa, Global Constitutional Law, Global Constitutionalism, Mark Tushnet

61.

The Forms of Unamendability

in Richard Albert and Bertil Emrah Oder (eds.), An Unamendable Constitution? Unamendability in Constitutional States (Springer 2018), U of Texas Law, Public Law Research Paper
Number of pages: 26 Posted: 04 Jun 2018 Last Revised: 04 Jan 2022
Richard Albert and Bertil Oder
University of Texas at Austin - School of Law and Koc University
Downloads 277 (214,506)

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

62.

Constitutional Change without Constitutional Amendment

59 Alberta Law Review 777 (2022), U of Texas Law, Legal Studies Research Paper
Number of pages: 8 Posted: 27 Mar 2022
Richard Albert
University of Texas at Austin - School of Law
Downloads 271 (218,496)

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Constitution of Canada, Constitutional Amendment, Constitutional Reform, Senate of Canada, Senate Reform Reference, Triple E Senate, Meech Lake Accord, Charlottetown Accord, Patriation

63.

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 248 (238,470)

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

64.

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 236 (250,359)

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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

65.

Constitutional Reform in Brazil: Lessons from Albania?

4 Revista de Investigações Constitucionais 11 (2017), Boston College Law School Legal Studies Research Paper No. 453
Number of pages: 24 Posted: 01 May 2017 Last Revised: 04 Jan 2022
University of Texas at Austin - School of Law, University of Brasilia, York University, Osgoode Hall Law School and King’s College London
Downloads 234 (252,420)

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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

66.

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 234 (252,420)

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

67.

The Case for Presidential Illegality in Constitutional Amendment

67 Drake Law Review 857 (2019), U of Texas Law, Public Law Research Paper 705
Number of pages: 20 Posted: 17 May 2019 Last Revised: 04 Jan 2022
Richard Albert
University of Texas at Austin - School of Law
Downloads 231 (255,596)
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Constitutional Amendment, United States Constitution, Articles of Confederation, Article V, Formal Amendment, Constitutional Design, Amendment Procedure, French Constitution, Charles de Gaulle, Philadelphia Convention, Referendum

68.

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 217 (271,067)

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

69.

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 216 (272,274)

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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

70.

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: 43 Posted: 20 Dec 2015 Last Revised: 04 Jan 2022
Richard Albert
University of Texas at Austin - School of Law
Downloads 215 (273,475)

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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

71.

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 210 (279,549)

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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

72.

Why Law was Late to Comparative Constitutional Amendment

Number of pages: 22 Posted: 29 Nov 2023 Last Revised: 14 Dec 2023
Richard Albert
University of Texas at Austin - School of Law
Downloads 204 (287,076)

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Constitutional Amendment, Constitutional Change, Comparative Law, Comparative Constitutional Amendment, Comparative Constitutional Change, Constitutionalism, Democracy, Empirical Constitutional Studies

73.

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 204 (287,076)

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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

74.

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 191 (304,833)

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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

75.

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 182 (318,281)

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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

76.

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 177 (326,344)

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

77.

A Theory of American Constitutional Time

101 Boston University Law Review 1807 (2021), U of Texas Law, Public Law Research Paper
Number of pages: 23 Posted: 19 Apr 2021 Last Revised: 26 Oct 2021
Richard Albert
University of Texas at Austin - School of Law
Downloads 172 (334,711)

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Constitutional Change, Constitutional Veneration, Constitutional Morality, Constitutional Rot, Constitutional Endurance, United States Constitution, Comparative Constitutional Law, Unamendability, Constitutional Amendment, Unamendable Rules, Jack Balkin

Constitutional Dismemberment in Latin America

Revista Derecho del Estado N° 52, Mayo - Agosto de 2022
Number of pages: 37 Posted: 10 May 2022
University of Texas at Austin - School of Law, University of Brasilia, University of Caldas and Pontificia Universidad Católica de Chile
Downloads 85 (572,375)

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Constitutional amendment, constitutional dismemberment, constitutional amendment procedures, Latin American constitutional change, Brazilian Constitution, Chilean Constitution, Colombian Constitution

Constitutional Dismemberment in Latin America

52 Revista Derecho del Estado 97 (2022), U of Texas Law, Legal Studies Research Paper
Number of pages: 37 Posted: 30 Apr 2022
University of Texas at Austin - School of Law, University of Brasilia, University of Caldas and Pontificia Universidad Católica de Chile
Downloads 75 (616,994)

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Constitutional Amendment, Constitutional Reform, Latin American Constitutions, Constitution of Brazil, Constitution of Chile, Constitution of Colombia, Constitutional Amendment Procedures, Amendment Difficulty, Constitutional Identity

79.

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 157 (361,766)
Citation 1

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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

80.

Enforcing Constitutional Conventions

17 International Journal of Constitutional Law 1146 (2019)
Number of pages: 20 Posted: 18 Jan 2022 Last Revised: 29 Nov 2022
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 134 (410,832)

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Constitutional Conventions, Constitutional Change, Commonwealth Courts, Judicial Review, Constitution of Canada, Constitution of the United Kingdom, Disallowance, Power-Shifting Conventions, Doctrine of Legitimate Expectations

81.

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 125 (433,379)

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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

82.

Trudeau's Threat: The Referendum at Patriation

in Noura Karazivan and Jean Leclair (eds.), The Political and Constitutional Legacy of Pierre Elliott Trudeau (LexisNexix 2020), U of Texas Law, Public Law Research Paper No. 721
Number of pages: 24 Posted: 15 Sep 2020 Last Revised: 04 Jan 2022
Richard Albert
University of Texas at Austin - School of Law
Downloads 121 (444,219)
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Constitution of Canada, Patriation, Constitution Act 1982, Constitutional Amendment, Referendum, Pierre Trudeau, Charles de Gaulle, David Cameron

83.

The Power of Judicial Nullification in Asia and the World

in Rehan Abeyratne & Bùi Ngọc Sơn (eds.), The Politics of Unconstitutional Constitutional Amendment in Asia (Routledge 2021), U of Texas Law, Public Law Research Paper
Number of pages: 20 Posted: 19 Apr 2021 Last Revised: 04 Jan 2022
Richard Albert
University of Texas at Austin - School of Law
Downloads 107 (486,450)

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Unconstitutional Constitutional Amendment, Basic Structure Doctrine, Constituent Power, Sieyès, Comparative Constitutional Law, Comparative Law, Constitutional Amendment, Asia, India Constitution, Brazilian Constitution, South Korean Constitution, Unconstitutional Constitution

84.

Los métodos de la reforma informal (The Methods of Informal Amendment)

Latin American Law Review, No. 3, 2019
Number of pages: 19 Posted: 16 Aug 2019
Richard Albert
University of Texas at Austin - School of Law
Downloads 51 (734,115)
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constitutional amendment, formal amendment, informal amendment, constitutional desuetude, Canada