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Founding Moments in Constitutionalism
"Conventionally, founding moments are landmark events that break ties with the ancient regime and lay the foundation for the establishment of new constitutional order. They are often depicted as occurring radically, and are best exemplified by revolution. Founding moments shape national law, in...
| Clasificación: | Libro Electrónico |
|---|---|
| Autor principal: | |
| Otros Autores: | , |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
London :
Bloomsbury Publishing Plc,
2019.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Intro; Table of Contents; List of Contributors; Introduction Mapping the Founding; Understanding the Founding; Theorising the Founding; The Seeds for this Collection; In this Volume; An Invitation; 1. Between Fact and Norm: Narrative and the Constitutionalisation of Founding Moments; I. Introduction; II. Fact or Norm? Founding Moments Envisaged in Constitutional Theory; III. Between Fact and Norm: Imagining Founding Moments in the Constitutional Nomos; IV. Conclusion; 2. The Role of Courts in Advancing Constitutional Moments: Constitutionalising the Constitution in Singapore and Hong Kong
- I. IntroductionII. The Founding of the Hong Kong Special Administrative Region: Collision of Political and Constitutional Ideologies; III. Founding Moments for the Republicof Singapore: Tension between the de Jurev de Facto Status of the Constitution; IV. Moving Past the Founding Moment: A Need to Constitutionalise the Constitutional Text; V. Conclusion; 3. Foundation and Revolution: Hannah Arendt and the Problem of Legitimacy and Stability in Constitutional Consolidation; I. Hannah Arendt and the Problem of Revolutionary Consolidation; II. Consolidation and the Problem of Legitimacy
- III. Legitimacy and Fabrication4. I am Not Your (Founding) Father; I. Introduction; II. What Does it Mean to be a Constitution-Maker?; III. Proper Legal Uses of the Sources Unconnected to Constitution-Makers; IV. Founders, Framers, But Not Makers: Applying the Theory; V. Conclusion; 5. 'And Then They Begin to Look after the History of Their Founders': (Re)configurations of the Founding in the Early Republic; I. Past and Present in Founding Moments; II. Three Moments of Reconfiguration; III. Conclusion
- 6. Under the Shadow of the Constitutional Revolution?: Revisiting Israel's Founding MomentsI. Introduction; II. A Brief History of Israel's Quest for a Bill of Rights; III. Overview of the New Literature; IV. The Old and New Courts:Three Generations of Scholarship; V. The Mandate's Legacy; VI. Critical Assessment; VII. Conclusion; 7. Path-Dependency in Soviet and Russian Constitution-Making; I. Introduction; II. The Soviet Union's Constitutional Structure; III. Gorbachev's Constitutional Reforms; IV. Constitutional Path-Dependency in the Republics
- 8. 'Founding Moments' in Latin America? The Brazilian and Chilean Constitutional Histories and the Rise of the Forgotten PeopleI. Introduction; II. Constitutional Change Through a New Constitutional Text: The Brazilian Transition to Democracy; III. Constitutional Change without a Constitutional Text: The Chilean Transition to Democracy; IV. Conclusion; 9. We the Taiwanese People A Constitution with Two Antagonistic: Constitutional Identities; I. Introduction; II. National Identity and Constitutional Identity; III. Constitutional Identities in the ROC Constitution