The law and legitimacy of imposed constitutions
Author(s)
Bibliographic Information
The law and legitimacy of imposed constitutions
(Comparative constitutional change)
Routledge, 2020
- : pbk
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
"First published 2019 by Routledge ... First issued in paperback 2020"--T.p. verso
Includes bibliographical references and index
Description and Table of Contents
Description
Constitutions are often seen as the product of the free will of a people exercising their constituent power. This, however, is not always the case, particularly when it comes to 'imposed constitutions'. In recent years there has been renewed interest in the idea of imposition in constitutional design, but the literature does not yet provide a comprehensive resource to understand the meanings, causes and consequences of an imposed constitution.
This volume examines the theoretical and practical questions emerging from what scholars have described as an imposed constitution. A diverse group of contributors interrogates the theory, forms and applications of imposed constitutions with the aim of refining our understanding of this variation on constitution-making. Divided into three parts, this book first considers the conceptualization of imposed constitutions, suggesting definitions, or corrections to the definition, of what exactly an imposed constitution is. The contributors then go on to explore the various ways in which constitutions are, and can be, imposed. The collection concludes by considering imposed constitutions that are currently in place in a number of polities worldwide, problematizing the consequences their imposition has caused. Cases are drawn from a broad range of countries with examples at both the national and supranational level.
This 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 volume will be a valuable resource for those interested in the phenomenon of imposed constitutionalism as well as anyone interested in the current trends in the study of comparative constitutional law.
Table of Contents
- 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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