The adventures of the constituent power : beyond revolutions?
Author(s)
Bibliographic Information
The adventures of the constituent power : beyond revolutions?
(Comparative constitutional law and policy)
Cambridge University Press, 2017
- : hardback
Available at 3 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references and index
Description and Table of Contents
Description
Constitutions are made in almost all transformation of regimes. What are the dangers and the hopes associated with such a process? What can make constitution-making legitimate? The Adventures of the Constituent Power explores the democratic methods by which political communities make their basic law, arguing that the most advanced method developed from Spain and South Africa. The first part of this book focuses on history of the idea of constitution-making, before and during the democratic revolutions of the eighteenth century. The second part traces the notion of the constituent power in recent regime transitions that were consciously post-revolutionary, from Spain to South Africa. With the return of revolutions or revolutionary patterns of constitution-making, the book examines the use and potential failure of the new ideas available. The third part then proceeds to consider the type of constitution that is likely to emerge from the post-sovereign process.
Table of Contents
- Preface
- Introduction: key concepts: legitimacy, sovereignty, revolution, constitution and sovereign dictatorship
- Part I. On the History of the Idea of the Constituent Power: 1. The origins of the idea of the sovereign constituent power
- 2. The antinomies of the framers in the first democratic revolutions
- Part II. Post Sovereignty and the Return of Revolution: 3. The evolution of the post revolutionary paradigm: from Spain to South Africa
- 4. The time of revolutions
- Part III. Constitutional Change under Constitutional Regimes: 5. Post sovereign constitutionalism: likely and desirable outcomes
- Epilogue: breaking the link between revolution and sovereign dictatorship the case of the all Russian constituent assembly, 1917-18.
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