Revolutionary Constitutions

If a Constitution had emerged in 1951 under this alternative scenario, only one
thing is clear: it would never have allowed a single 62-to-55 vote to repudiate
core commitments of the Zionist revolution. From this vantage point, Netanyahu's

Author: Bruce Ackerman

Publisher: Harvard University Press

ISBN: 9780674970687

Category: Political Science

Page: 432

View: 377

Download →

Offering insights into the origins, successes, and threats to revolutionary constitutionalism, Bruce Ackerman takes us to India, South Africa, Italy, France, Poland, Burma, Israel, Iran, and the U.S. and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy.
Posted in:

A Comparative Study of the State Constitution of the American Revolution

If we turn to a consideration of the relations of the legislatures to the judiciaries
under the revolutionary constitutions , we find much the same opportunity for
excessive encroachment on the part of the legislatures and a corresponding lack
of ...

Author: William Clarence Webster


ISBN: MINN:31951002066922L

Category: Constitutions, State

Page: 42

View: 846

Download →

Posted in:

Comparative Constitution Making

As examined below, the proto-democratic claims of revolutionary constitution
makers in the 18th century did not establish the later basis for polity building in
Europe. Much of the history of constitution making in Europe reflects, not an ...

Author: David Landau

Publisher: Edward Elgar Publishing

ISBN: 9781785365263

Category: Law

Page: 624

View: 182

Download →

Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}
Posted in:

A Sociology of Transnational Constitutions

However, after 1791, rights were given only limited formal protection in the
course of the French Revolution. Each of the revolutionary constitutions was
committed, in point of principle, to defending the primacy of the legislature, and to

Author: Chris Thornhill

Publisher: Cambridge University Press

ISBN: 9781107038523

Category: History

Page: 538

View: 632

Download →

This book develops a unique sociological approach to the analysis of transnational legal norms. This title is also available as Open Access.
Posted in:

The Revolutionary Constitution

This great feat of constitutionmaking, with eight such charters adopted in 1776
alone, was unparalleled and marked a burst of revolutionary creativity. The
shape and role of government they prescribed is a guide to American thinking
about ...

Author: David J. Bodenhamer

Publisher: Oxford University Press

ISBN: 9780199913039

Category: History

Page: 296

View: 505

Download →

The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.
Posted in:


The Constitution of Switzerland, which is explored in a separate chapter, also
belongs to this type of constitutional culture. This category is followed by what in
Besselink's dichotomy are referred to as 'revolutionary' constitutions, which have
a ...

Author: Anneli Albi

Publisher: Springer

ISBN: 9789462652736

Category: Constitutional law

Page: 1522

View: 964

Download →

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or 'twilight of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project 'The Role and Future of National Constitutions in European and Global Governance. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.
Posted in:

The Revision and Amendment of State Constitutions

We have said that the convention as an instrument for constitutional revision was
first developed during the revolutionary period, and that constitutional
conventions were provided for in the first constitutions of Pennsylvania, Vermont,
Georgia, ...

Author: Walter Fairleigh Dodd

Publisher: The Lawbook Exchange, Ltd.

ISBN: 9781886363731

Category: Constitutional amendments

Page: 350

View: 214

Download →

Dodd, Walter Fairleigh. The Revision and Amendment of State Constitutions. Baltimore: The Johns Hopkins Press, 1910. xvii, 350 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-50815. ISBN 1-886363-73-0. Cloth. $65. * Discusses the practice and methods of the amendment and revision of state constitutions and the legal principles (rather than theories) which precede such alterations. An examination of the first state constitutions from 1776-1783 provides a historical context, but much of the work analyzes the relevant legal principles affecting changes to state constitutions based on a study of judicial decisions pertinent to such areas as the development of the distinction between constitutions and statutes, and the distinction between the constitutional convention and the regular legislature in states. Includes a Table of cases and an appendix, by state, showing popular votes on constitutional questions from 1899-1908.
Posted in:

Making Sense of Constitutional Monarchism in Post Napoleonic France and Germany

In addition, growing nationalist feelings strengthened public awareness that a
constitution was a powerful tool for creating unity ... Revolutionary constitutions
werestruggling againstwidespread reservation, notto say hostility, towards
popular ...

Author: M. Prutsch

Publisher: Springer

ISBN: 9781137291653

Category: History

Page: 341

View: 712

Download →

Focusing on the genesis of 'constitutional monarchism' in the context of the French Restoration and its favourable reception in post-Napoleonic Germany, this study highlights the potential and limitations of a daring attempt to improve traditional forms of monarchical legitimacy by means of a modern representative constitution.
Posted in:

A Sociology of Constitutions

Constitutions after 1848 As discussed, the revolutionary constitutions of the later
eighteenth century did much to consolidate the power of central states, and in
supplying the idea that the nation of rights holders was the origin of legitimate
state ...

Author: Chris Thornhill

Publisher: Cambridge University Press

ISBN: 9781139495806

Category: Law


View: 884

Download →

Using a methodology that both analyzes particular constitutional texts and theories and reconstructs their historical evolution, Chris Thornhill examines the social role and legitimating status of constitutions from the first quasi-constitutional documents of medieval Europe, through the classical period of revolutionary constitutionalism, to recent processes of constitutional transition. A Sociology of Constitutions explores the reasons why modern societies require constitutions and constitutional norms and presents a distinctive socio-normative analysis of the constitutional preconditions of political legitimacy.
Posted in:

American Constitutions

The Relations of the Three Departments as Adjusted by a Century Horace Davis.
INDEX INTRODUCTION . . . . . . . . . . Colonial Governments . . . . . . . . Page . . . . . . .

Author: Horace Davis


ISBN: UCAL:B3270977

Category: Constitutional law

Page: 70

View: 970

Download →

Posted in:

Music and the French Revolution

HERBERT SCHNEIDER The sung constitutions of 1792 : an essay on
propaganda in the Revolutionary song To sing the articles of a constitution
seems to us today an absurd undertaking . Our conception of what song is does ,
of course ...

Author: Malcolm Boyd

Publisher: Cambridge University Press

ISBN: 0521402875

Category: Music

Page: 328

View: 844

Download →

Rouget de Lisle's famous anthem, La marseillaise, admirably reflects the confidence and enthusiasm of the early years of the French Revolution. But the effects on music of the Revolution and the events that followed it in France were more far-reaching than that. Hymns, chansons and even articles of the Constitution set to music in the form of vaudevilles all played their part in disseminating Revolutionary ideas and principles; music education was reorganized to compensate for the loss of courtly institutions and the weakened maitrises of cathedrals and churches. Opera, in particular, was profoundly affected, in both its organization and its subject matter, by the events of 1789 and the succeeding decade. The essays in this book, written by specialists in the period, deal with all these aspects of music in Revolutionary France, highlighting the composers and writers who played a major role in the changes that took place there. They also identify some of the traditions and genres that survived the Revolution, and look at the effects on music of Napoleon's invasion of Italy.
Posted in:

The South Carolina State Constitution

Some would call today's amended version the states "eighth" constitution.
REVOLUTIONARY-ERA CONSTITUTIONS (1776, 1778) The Constitution of
1776 The colonial General Assembly was disbanded by the royal governor, Lord
William ...

Author: Cole Blease Graham

Publisher: Greenwood Publishing Group

ISBN: 031329299X

Category: History

Page: 239

View: 710

Download →

Traces the history and evolution of South Carolina's state constitution and offers a detailed commentary on its current text, complete with references to legal cases, commission reports, and historical scholarship.
Posted in:

Constitutionalism Legitimacy and Power

Between Restoration and Revolution, National Constitutions and Global Law: An
Alternative View on the European ... other, constitution as a refounding and
rationalizing 'act'—is recorded only after contact with the revolutionary
constitutions ...

Author: Kelly L Grotke

Publisher: OUP Oxford

ISBN: 9780191034718

Category: Law

Page: 450

View: 321

Download →

If one counts the production of constitutional documents alone, the nineteenth century can lay claim to being a 'constitutional age'; one in which the generation and reception of constitutional texts served as a centre of gravity around which law and politics consistently revolved. This volume critically re-examines the role of constitutionalism in that period, in order to counter established teleological narratives that imply a consistent development from absolutism towards inclusive, participatory democracy. Various aspects of constitutional histories within and outside of Europe are examined from a comparative, transnational, and multidisciplinary historical perspective, organized around five key themes. The first part looks at constitutions as anti-revolutionary devices, and addresses state building, monarchical constitutionalism, and restorations. The second part takes up constitutions and the justification of new social inequalities, focusing on women's suffrage, human rights, and property. The third part uses individual country studies to take on questions of how constitutions served to promote nationalism. The use of constitutions as instruments of imperialism is covered in the fourth part, and the final part examines the ways that constitutions function simultaneously as legal and political texts. These themes reflect a certain scepticism regarding any easy relationship between stated constitutional ideals and enacted constitutional practices. Taken together, they also function as a general working hypothesis about the role of constitutions in the establishment and maintenance of a domestically and internationally imbalanced status quo, of which we are the present-day inheritors. More particularly, this volume addresses the question of the extent to which nineteenth-century constitutionalism may have set the stage for new forms of domination and discrimination, rather than inaugurating a period of 'progress' and increasing equality.
Posted in:

Constitution Making Under Occupation

The externally Imposed Revolution and Its destruction of the Iraqi State the
territorial integrity of an Iraqi state, the political ... This does not change the fact
that even revolutionary constitutions are made in most cases for a preexisting,
even if ...

Author: Andrew Arato

Publisher: Columbia University Press

ISBN: 9780231512435

Category: History

Page: 376

View: 672

Download →

The attempt in 2004 to draft an interim constitution in Iraq and the effort to enact a permanent one in 2005 were unintended outcomes of the American occupation, which first sought to impose a constitution by its agents. This two-stage constitution-making paradigm, implemented in a wholly unplanned move by the Iraqis and their American sponsors, formed a kind of compromise between the populist-democratic project of Shi'ite clerics and America's external interference. As long as it was used in a coherent and legitimate way, the method held promise. Unfortunately, the logic of external imposition and political exclusion compromised the negotiations. Andrew Arato is the first person to record this historic process and analyze its special problems. He compares the drafting of the Iraqi constitution to similar, externally imposed constitutional revolutions by the United States, especially in Japan and Germany, and identifies the political missteps that contributed to problems of learning and legitimacy. Instead of claiming that the right model of constitution making would have maintained stability in Iraq, Arato focuses on the fragile opportunity for democratization that was strengthened only slightly by the methods used to draft a constitution. Arato contends that this event would have benefited greatly from an overall framework of internationalization, and he argues that a better set of guidelines (rather than the obsolete Hague and Geneva regulations) should be followed in the future. With access to an extensive body of literature, Arato highlights the difficulty of exporting democracy to a country that opposes all such foreign designs and fundamentally disagrees on matters of political identity.
Posted in:

The Second Disestablishment

Only a handful of the revolutionary constitutions contained acknowledgments of
reliance on God or divine Providence and then did so in Enlightenment terms
only. The preamble to the Pennsylvania Constitution of 1776 referred to the ...

Author: Steven Green

Publisher: Oxford University Press

ISBN: 019974159X

Category: Religion

Page: 472

View: 309

Download →

Debates over the proper relationship between church and state in America tend to focus either on the founding period or the twentieth century. Left undiscussed is the long period between the ratification of the Constitution and the 1947 Supreme Court ruling in Everson v. Board of Education, which mandated that the Establishment Clause applied to state and local governments. Steven Green illuminates this neglected period, arguing that during the 19th century there was a "second disestablishment." By the early 1800s, formal political disestablishment was the rule at the national level, and almost universal among the states. Yet the United States remained a Christian nation, and Protestant beliefs and values dominated American culture and institutions. Evangelical Protestantism rose to cultural dominance through moral reform societies and behavioral laws that were undergirded by a maxim that Christianity formed part of the law. Simultaneously, law became secularized, religious pluralism increased, and the Protestant-oriented public education system was transformed. This latter impulse set the stage for the constitutional disestablishment of the twentieth century. The Second Disestablishment examines competing ideologies: of evangelical Protestants who sought to create a "Christian nation," and of those who advocated broader notions of separation of church and state. Green shows that the second disestablishment is the missing link between the Establishment Clause and the modern Supreme Court's church-state decisions.
Posted in:

Introduction to the Study of the Law of the Constitution

... 288 and notes ; the Foreign Revolutionary constitutions of , 125 ; Act , 342 the
existing constitution of , 126 ; Essays in Jurisprudence and Ethics , the Courts of ,
in relation to the Pollock , 38 note National Assembly , 149 ; lawlessÉtudes de ...

Author: Albert Venn Dicey


ISBN: STANFORD:36105061065483

Category: Constitutional law

Page: 476

View: 644

Download →

Posted in:

The French Revolution

The ' Constitution of '93 , ' which was destined never to come into force , was
prepared under the guidance of Hérault de ... More than any other of the
revolutionary constitutions , it was conceived in the spirit of Rousseau , and
embodied the ...

Author: Charles Edward Mallet


ISBN: IOWA:31858015040029

Category: France

Page: 307

View: 294

Download →

Posted in:

The First American Constitutions

Republican Ideology and the Making of the State Constitutions in the
Revolutionary Era Willi Paul Adams ... Max Weber1 Recent interpretations of the
intellectual history of the American Revolution set out, following the model of
Perry Miller's ...

Author: Willi Paul Adams

Publisher: Rowman & Littlefield

ISBN: 0742520692

Category: Political Science

Page: 378

View: 563

Download →

For the last twenty years this book has been cited by every serious writer on early American constitutional development. Any constitutional history of the independent United States must begin with this comprehensive study. This volume contains two new chapters: one demonstrating precedents in the state constitutions for the U.S. Constitution, and another chapter critically testing the 'republicanism over liberalism' thesis against political ideas and institutional arrangements that constitute the first state constitutions.
Posted in:

Constitutional History of the American Revolution

state and federal constitutions , the British constitution was never written ; it was
not a set of directives adopted by the people granting government its ...

Author: John Phillip Reid

Publisher: Univ of Wisconsin Press

ISBN: 0299146642

Category: Law

Page: 149

View: 702

Download →

Designed for use in courses, this abridged edition of the four-volume Constitutional History of the American Revolution demonstrates how significant constitutional disputes were in instigating the American Revolution. John Phillip Reid addresses the central constitutional issues that divided the American colonists from their English legislators: the authority to tax, the authority to legislate, the security of rights, the nature of law, the foundation of constitutional government in custom and contractarian theory, and the search for a constitutional settlement. Reid's distinctive analysis discusses the irreconcilable nature of this conflict—irreconcilable not because leaders in politics on both sides did not desire a solution, but because the dynamics of constitutional law impeded a solution that permitted the colonies to remain part of the dominions of George III.
Posted in:

The Radicalism of the American Revolution

To be sure, as the Pennsylvania constitution together with other revolutionary
constitutions declared, “no part of man's property can be justly taken from him, or
applied to public uses, without his own consent," but this consent, in 1776 at least
, ...

Author: Gordon S. Wood

Publisher: Vintage

ISBN: 9780307758965

Category: History

Page: 464

View: 471

Download →

In a grand and immemsely readable synthesis of historical, political, cultural, and economic analysis, a prize-winning historian describes the events that made the American Revolution. Gordon S. Wood depicts a revolution that was about much more than a break from England, rather it transformed an almost feudal society into a democratic one, whose emerging realities sometimes baffled and disappointed its founding fathers.
Posted in: