The book addresses some of the most important issues discussed in contemporary constitutional law: the relationship between constituent and constituted power, the source of constitutional legitimacy, the challenge of foreign and expert intervention and the role of comparative constitutional studies in constitution-making.
The book addresses some of the most important issues discussed in contemporary constitutional law: the relationship between constituent and constituted power, the source of constitutional legitimacy, the challenge of foreign and expert intervention and the role of comparative constitutional studies in constitution-making.
Richard Albert, William Stamps Farish Professor of Law, The University of Texas at Austin; Co-Editor, Routledge Series on Comparative Constitutional Change; Book Reviews Editor, American Journal of Comparative Law Xenophon Contiades, Professor of Public Law, Panteion University; Managing Director of the Centre for European Constitutional Law, Athens, Greece; Co-Editor, Routledge Series on Comparative Constitutional Change Alkmene Fotiadou, Research Fellow, Centre for European Constitutional Law; Co-Editor, Routledge Series on Comparative Constitutional Change
Inhaltsangabe
Introduction: Imposition in Making and Changing Constitutions; Part I: Theory; 1: Imposed Constitutions: Heteronomy and (Un)amendability; 2: Imposed Constitutions and Romantic Constitutions; 3: Internally Imposed Constitutions; 4: Legal Theology in Imposed Constitutionalism; Part II: Forms; 5: Constitutions Imposed with Consent?; 6: Are "Octroyed Constitutions" of the 19th century to be Considered as Imposed Constitutions?; 7: Inter-Venire, Sed Ubi Iri?: "Imposed" Constitutions, the "Will of the People", and the Eye of the Beholder; Part III: Applications; 8: On the Priority that Publius Gives to National Security in Constitutional Design: Reflections on the Longevity of Article 9 of the Japanese Constitution; 9: The Constituent Power of the "Imposed" Constitution of Japan: An Amalgam of Internationalised Revolutionary Power and Nationalistic Devolutionary Power; 10: The Legitimacy of Internationally Imposed Constitution-Making in the Context of State Building; 11: A post-national legal order: Does the European Union have an imposed constitution?; 12: Texts in a Time of Imposition: Lessons from Two Imposed Constitutions in Africa;
Introduction: Imposition in Making and Changing Constitutions; Part I: Theory; 1: Imposed Constitutions: Heteronomy and (Un)amendability; 2: Imposed Constitutions and Romantic Constitutions; 3: Internally Imposed Constitutions; 4: Legal Theology in Imposed Constitutionalism; Part II: Forms; 5: Constitutions Imposed with Consent?; 6: Are "Octroyed Constitutions" of the 19th century to be Considered as Imposed Constitutions?; 7: Inter-Venire, Sed Ubi Iri?: "Imposed" Constitutions, the "Will of the People", and the Eye of the Beholder; Part III: Applications; 8: On the Priority that Publius Gives to National Security in Constitutional Design: Reflections on the Longevity of Article 9 of the Japanese Constitution; 9: The Constituent Power of the "Imposed" Constitution of Japan: An Amalgam of Internationalised Revolutionary Power and Nationalistic Devolutionary Power; 10: The Legitimacy of Internationally Imposed Constitution-Making in the Context of State Building; 11: A post-national legal order: Does the European Union have an imposed constitution?; 12: Texts in a Time of Imposition: Lessons from Two Imposed Constitutions in Africa;
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