Richard Albert

University of Texas at Austin - School of Law

William Stamps Farish Professor in Law, Professor of Government, and Director of Constitutional Studies

727 East Dean Keeton Street

Austin, TX 78705

United States

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

Yale University - Law School

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

P.O. Box 208215

New Haven, CT 06520-8215

United States

http://www.law.yale.edu

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)

57 Louis Pasteur Street

Ottawa, Ontario K1N 6N5

Canada

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

Interdisciplinary Center (IDC) Herzliyah - Radzyner 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

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

Airlangga University

Visiting Professor of Law (2021)

Dharmawangsa Dalam Selatan

Surabaya, East Java 60286

Indonesia

http://www.unair.ac.id

SCHOLARLY PAPERS

69

DOWNLOADS

33,139

SSRN CITATIONS

27

CROSSREF CITATIONS

39

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 (69)

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 2,558 (7,389)

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

2.

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 2,154 (9,698)

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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

3.

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
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 1,940 (11,573)

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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.

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: 22 Jul 2020
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 1,713 (14,080)

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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.

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
Number of pages: 338 Posted: 18 Oct 2021
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 1,622 (15,374)

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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 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
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 1,218 (23,616)

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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.

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 1,191 (24,362)
Citation 9

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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

8.

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 1,147 (25,731)
Citation 2

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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

9.

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 1,095 (27,581)

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

10.

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 1,029 (30,064)

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

11.

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 967 (32,851)
Citation 1

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

12.

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 848 (39,506)
Citation 2

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

13.

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 773 (44,766)

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

14.

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 616 (60,269)
Citation 1

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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

15.

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 553 (69,095)

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

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
University of Texas at Austin - School of Law
Downloads 541 (71,009)
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

17.

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 494 (79,421)

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

18.

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 485 (81,216)

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

19.

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 468 (84,791)
Citation 3

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

20.

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 447 (89,475)

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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

21.

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 441 (90,901)
Citation 1

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

22.

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 414 (97,847)

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

23.

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 404 (100,631)
Citation 4

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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

24.

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 402 (101,195)

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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

25.

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 401 (101,467)
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

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
University of Texas at Austin - School of Law
Downloads 359 (115,060)

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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

27.

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 356 (116,086)

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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

28.

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 356 (116,086)
Citation 2

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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

29.

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 355 (116,448)

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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

30.

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 Dundee
Downloads 345 (120,121)
Citation 1

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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

31.

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 327 (127,434)

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

32.

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 324 (128,683)

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

33.

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 324 (128,683)

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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

34.

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 297 (140,896)

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

35.

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 288 (145,551)
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

36.

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 288 (145,551)

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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

37.

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 278 (150,872)

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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

38.

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 278 (150,872)

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

39.

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 275 (152,486)

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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

40.

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 264 (158,923)
Citation 1

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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

41.

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 258 (162,621)

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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

42.

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 242 (173,013)
Citation 1

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

43.

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 233 (179,536)

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

44.

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 232 (180,252)

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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

45.

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 230 (181,702)

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

46.

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 219 (190,278)

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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

47.

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 216 (192,797)

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

48.

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 209 (198,814)

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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

49.

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 204 (203,329)

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

50.

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 193 (213,857)

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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

51.

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 187 (219,776)

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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

52.

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 184 (222,870)

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

53.

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 184 (222,870)
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Constitutional Amendment, Formal Amendment, Informal Amendment, Article V, Amendment Difficulty

54.

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 181 (226,063)

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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

55.

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 166 (243,240)

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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

56.

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 163 (246,937)

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

57.

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 162 (248,265)

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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

58.

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 159 (252,214)

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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

59.

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 141 (277,808)

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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

60.

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 121 (311,814)
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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

61.

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 119 (315,514)
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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

62.

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
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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

63.

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 93 (371,942)

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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

64.

Constitutional Change without Constitutional Amendment

59 Alberta Law Review 777 (2022)
Number of pages: 8 Posted: 27 Mar 2022
Richard Albert
University of Texas at Austin - School of Law
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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

65.

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 75 (422,182)

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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

66.

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 63 (462,649)
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Constitution of Canada, Patriation, Constitution Act 1982, Constitutional Amendment, Referendum, Pierre Trudeau, Charles de Gaulle, David Cameron

Constitutional Dismemberment in Latin America

52 Revista Derecho del Estado 97 (2022)
Number of pages: 37 Posted: 30 Apr 2022
University of Texas at Austin - School of Law, University of Brasilia, University of Caldas and Pontifical Catholic University of Chile
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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

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 Pontifical Catholic University of Chile
Downloads 7 (827,879)

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

68.

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 26 (642,743)
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constitutional amendment, formal amendment, informal amendment, constitutional desuetude, Canada

69.

Enforcing Constitutional Conventions

17 International Journal of Constitutional Law 1146 (2019)
Posted: 18 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

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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