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  • Research Article
  • 10.4324/9781315823911-46
The Development of the Toronto Conurbation
  • Dec 12, 2018
  • Buffalo Law Review
  • J Spelt

  • Research Article
  • 10.4324/9781351201834-9
Quasi-Constitutional Amendments
  • Jan 1, 2017
  • Buffalo Law Review
  • Richard Albert

The difficulty of formal amendment in constitutional democracies has given rise to an increasingly common phenomenon: quasi-constitutional amendments. These are sub-constitutional changes that do not possess the same legal status as a constitutional amendment, that are formally susceptible to statutory repeal or revision, but that may achieve constitutional status over time as a result of their subject-matter. The impetus for a quasi-constitutional amendment is an intent to circumvent onerous rules of formal amendment in order to alter the operation of a set of existing norms in the constitution. Where constitutional actors determine, correctly or not, that the current political landscape would frustrate their plans for a constitutional amendment to entrench new policy preferences, they resort instead to sub-constitutional means whose successful execution requires less or perhaps even no cross-party or inter-institutional coordination. This strategy sometimes results in significant changes that have the functional effect though not the formal result of a constitutional amendment. In this Chapter, I illustrate this phenomenon with reference to the Constitution of Canada, though I stress at the outset that we can observe this phenomenon elsewhere in the world.

  • Research Article
  • Cite Count Icon 29
Status and contract in surrogate motherhood: an illumination of the surrogacy debate.
  • May 14, 2015
  • Buffalo law review
  • Janet L Dolgin

  • Research Article
  • Cite Count Icon 3
Something old, something new: the challenge of tuberculosis control in the age of AIDS.
  • Dec 6, 2006
  • Buffalo law review
  • Karen H Rothenberg + 1 more

  • Research Article
  • Cite Count Icon 5
Rationalizing the abortion debate: legal rhetoric and the abortion controversy.
  • Aug 1, 2006
  • Buffalo law review
  • Erwin Chemerinsky

  • Research Article
  • Cite Count Icon 9
Withdrawal of life support: conflict among patient wishes, family, physicians, courts and statutes, and the law.
  • Jan 1, 1994
  • Buffalo law review
  • Lynda M Tarantino

  • Research Article
  • Cite Count Icon 4
Control of childbearing by HIV-positive women: some responses to emerging legal policies.
  • Jan 1, 1993
  • Buffalo law review
  • Suzanne Sangree

  • Research Article
  • Cite Count Icon 13
The creation and perpetuation of the mother/body myth: judicial and legislative enlistment of Norplant.
  • Jan 1, 1993
  • Buffalo law review
  • Madeline Henley

  • Research Article
  • Cite Count Icon 1
Umbilical cords: the new drug connection.
  • Jan 1, 1992
  • Buffalo law review
  • Margaret Phillips

  • Research Article
  • Cite Count Icon 7
Abusive prosecutors: race and class discretion and the prosecution of drug-addicted mothers.
  • Jan 1, 1991
  • Buffalo law review
  • Dwight L Greene