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Constitutional Amendment and Dismemberment

Albert, Richard

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Abstract

How should constitutional designers structure the rules of constitutional change? Much has been written about constitutional design in general, but relatively little exists on the architecture of constitutional amendment. My purpose in this Article is to introduce a new idea to the literature on constitutional amendment-the idea of constitutional dismemberment-to challenge us to better understand the uses and functions of the rules of change in codified, uncodified, and partially codified constitutions.