By Frank P. Grad, Robert F. Williams
Constitutional reform calls for not just stable rules but in addition the power to translate these rules into language that may effectuate the drafters’ goals. This book—the moment of 3 volumes on kingdom constitutions—is the basic advisor for these interested by constitutional reform. It identifies the recurrent difficulties that reformers face in drafting or amending country constitutions and explores how these difficulties should be addressed. It additionally explains why drafting country constitutions is a particular company, varied from the drafting of alternative criminal files.
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Additional resources for State Constitutions for the Twenty-first Century, Volume 2: Drafting State Constitutions, Revisions, and Amendments
Example text
Changes in our society have come to render such enumerations of city home rule powers problematic because enumerations of city home rule powers are apt to get in the way of metropolitan regional development, which must seek to combine existing governmental entities into larger groupings so as to facilitate planning, physical development and services for the metropolitan region as a whole. Balancing the earlier immediate needs for municipal self-government against the possibility of future Frank P.
12 Greenwood Press is publishing a fifty-state series of onevolume reference guides to each state’s constitution. 14 Other, more specialized model provisions are proposed from time to time. As with legislation, cases decided under similar constitutional provisions in other states may often be persuasive in interpretation, and where a state has “borrowed” a particular constitutional provision from another state, there may be a presumption that the “borrowing” state took over the provision intending it to be read in accordance with previous interpretations in the state of origin.
One of its key lessons is: Adequate background research is required in preparing a constitutional amendment or revision just as in drafting a bill. 2 This statement assumes that the drafting of constitutional provisions does not differ appreciably from legislative drafting. Although this assumption may be correct in many respects, the drafting of constitutional provisions presents special problems, both substantive and formal, that require the application of some specialized drafting techniques in their solution.