Revolution, transition, memory, and oblivion : reflections on constitutional change / edited by Martin Belov (Professor of Constitutional Law, Faculty of Law, University of Sofia 'St. Kliment Ohridski', Bulgaria and Adjunct Professor, University Roma Tre, Rome, Italy) and Antoni Abat i Ninet (Visiting Professor of Constitutional Law and Legal Theory, Hebrew University of Jerusalem, Israel and Professor of Constitutional Law, University of Copenhagen Law School, 2013-2020).
2020
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Title
Revolution, transition, memory, and oblivion : reflections on constitutional change / edited by Martin Belov (Professor of Constitutional Law, Faculty of Law, University of Sofia 'St. Kliment Ohridski', Bulgaria and Adjunct Professor, University Roma Tre, Rome, Italy) and Antoni Abat i Ninet (Visiting Professor of Constitutional Law and Legal Theory, Hebrew University of Jerusalem, Israel and Professor of Constitutional Law, University of Copenhagen Law School, 2013-2020).
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Imprint
Northampton : Edward Elgar Publishing, 2020.
Description
1 online resource (264 pages)
Formatted Contents Note
Contents: Introduction / Martin Belov and Antoni Abat i Ninet
Part I: Constitution, revolution, and law
1. Conceptualising the relationship between revolutions and constitutions
2. Antoni Abat i Ninet
2. Revolution and interpretation: what is a legal revolution? / Xavier Souvignet
3. Revolution in law / Yanaki Stoilov
4.Constitutional revolutions beyond liberalism: a realist critique / Acar Kutay
Part II: Normativist discourses on legal and constitutional revolution
5. The basic norm at the time of the revolution / Monika Zalewska
6. On the Kelsenian concept of revolution: a theory of the relationship between social and legal revolution and the case of the first Bulgarian constitutional transition (1944-1947) / Simeon Groysman
Part III: Constitutional revolution and constitutional transition - between memory and oblivion
7. Constitutional memories: How do constitutions cope with constitutional past / Martin Belov
8. The art of using legal fiction as a legal revolution solution: the case of Vichy / Emmanuel Cartier
9. The interim constitution in time of transition: between constitutional amendment and constitutional revolution / Aleksandar Tsekov
Part IV: Constitution-making, unconstitutional constitutional amendments and pro-authoritarian drifting of the constitutional order
10. Constitution-making processes in Europe since the second World War / Zoltán Szente
11. Why does a constitutional change emerge and who has a say in it? Constitution-making, constitutional amendments and their constitutional review in Hungary between 2010 and 2018 / Fruzsina Gárdos-Orosz
12. Constitutional change through unconstitutional interpretation / Monika Florczak-Wątor
13. Conclusion / Martin Belov and Antoni Abat i Ninet
Index.
Part I: Constitution, revolution, and law
1. Conceptualising the relationship between revolutions and constitutions
2. Antoni Abat i Ninet
2. Revolution and interpretation: what is a legal revolution? / Xavier Souvignet
3. Revolution in law / Yanaki Stoilov
4.Constitutional revolutions beyond liberalism: a realist critique / Acar Kutay
Part II: Normativist discourses on legal and constitutional revolution
5. The basic norm at the time of the revolution / Monika Zalewska
6. On the Kelsenian concept of revolution: a theory of the relationship between social and legal revolution and the case of the first Bulgarian constitutional transition (1944-1947) / Simeon Groysman
Part III: Constitutional revolution and constitutional transition - between memory and oblivion
7. Constitutional memories: How do constitutions cope with constitutional past / Martin Belov
8. The art of using legal fiction as a legal revolution solution: the case of Vichy / Emmanuel Cartier
9. The interim constitution in time of transition: between constitutional amendment and constitutional revolution / Aleksandar Tsekov
Part IV: Constitution-making, unconstitutional constitutional amendments and pro-authoritarian drifting of the constitutional order
10. Constitution-making processes in Europe since the second World War / Zoltán Szente
11. Why does a constitutional change emerge and who has a say in it? Constitution-making, constitutional amendments and their constitutional review in Hungary between 2010 and 2018 / Fruzsina Gárdos-Orosz
12. Constitutional change through unconstitutional interpretation / Monika Florczak-Wątor
13. Conclusion / Martin Belov and Antoni Abat i Ninet
Index.
Summary
"This timely book offers a novel theory of constitutional revolutions, providing a new and engaging framework for critically assessing how revolutions and contra-revolutions, transitional periods and the phenomenon of oblivion influence constitutional change. Contributions by leading scholars in the field explore the relationship between revolutions and constitutional order and disorder, considering in particular the impact of political transitions, situations of emergency, coup d℗þeÌtat and the role of memory and oblivion during times of revolution. Through a series of case studies, the book identifies ways in which these phenomena have, and will, affect the formation and amendment of constitutions in both the short and long term. This includes, most notably, those changes which seem to go against the spirit of constitutionalism. In so doing, it provides important insight into how constitutions and constituent powers deal with the influences of the past. Students and scholars engaged in the study of constitutional law, legal theory, theories of the state, transitions of democracy and the philosophy of law will find this ground-breaking book to be a must read"-- Provided by publisher.
Note
Includes index.
Bibliography, etc. Note
Includes bibliographical references.
Source of Description
Description based on print record.
Location
www
Linked Resources
Alternate Title
Elgaronline.
Language
English
ISBN
9781800370531 (e-book)
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