The Law and Legitimacy of Imposed Constitutions

ISBN-13: 9781138488984 / Angielski / Twarda / 2018 / 276 str.

Richard Albert; Xenophon Contiades; Alkmene Fotiadou

Opis

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.

Spis treści

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;