Book Details


Reconsidering Constitutional Formation II Decisive Constitutional Normativity

Publication year: 2018

ISBN: 978-3-319-73037-0

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This second volume of ReConFort, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power). Also included in this volume are the French originals and English translations of two vital documents. The first – Emmanuel Joseph Sieyès’ Du Jury Constitutionnaire (1795) – highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second – the 1812 draft of the Constitution of the Kingdom of Poland – presents the ‘constitutional propaganda’ of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe’s constitutional history: one replete with diverse contexts and national experiences.

Subject: Open Access, Precedence of Constitution, Normativity and Constitution, Constitutional History of Europe, Constitutionality of Revolutions, American Constitutional History, Constitutional Normativity, Fundamental Laws, Old Liberties in European History, Unconstitutionality of Statutes, Judicial Review, Normativity and Precedence, Constitutional precedence of the 3 May System, Constitutional Precedence and Polish Substantial Criminal Law, 1815 Constitution of the Kingdom of Poland, Belgian Constitution of 1831, 1815 Constitution of the United Kingdom of the Netherlands, Constituent Power and Constitutionalism in 19th Century Norway, Spirit of the Albertine Statute, Hans Kelsen and Adolf Julius Merkl