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Founding Moments in Constitutionalism

Founding Moments in Constitutionalism

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509952090
  • 出版时间 May 2021
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509930975
¥410.78
发货时间:大约 4-5 weeks
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Hong Kong: free delivery (order over HKD 1000)
  • 描述 
  • 大纲 
  • 详细

    Founding moments are landmark events that break ties with the ancien régime and lay the foundation for the establishment of a new constitutional order. They are often radically disruptive episodes in the life of a state. They reshape national law, reset political relationships, establish future power structures, and influence happenings in neighbouring countries.

    This edited collection brings together leading and emerging scholars to theorise the phenomenon of a founding moment. What is a founding moment? When does the 'founding' process begin and when does it end? Is a founding moment possible without yielding a new constitution? Can a founding moment lead to a partial or incomplete transformation? And should the state be guided by the intentions of those who orchestrated these momentous breaks from the past? Drawing from constitutions around the world, the authors ask these and other fundamental questions about making and remaking constitutions.

  • Introduction: Mapping the Founding
    Richard Albert and Menaka Guruswamy
    1. Between Fact and Norm: Narrative and the Constitutionalisation of Founding Moments
    Ming-Sung Kuo
    2. Th e Role of Courts in Advancing Constitutional Moments: Constitutionalising the Constitution in Singapore and Hong Kong
    Swati Jhaveri
    3. Foundation and Revolution: Hannah Arendt and the Problem of Legitimacy and Stability in Constitutional Consolidation
    Mel A. Topf
    4. I am Not Your (Founding) Father
    Mikolaj Barczentewicz
    5. 'And Then They Begin to Look after the History of Their Founders': (Re)configurations of the Founding in the Early Republic
    Simon Gilhooley
    6. Under the Shadow of the Constitutional Revolution? Revisiting Israel's Founding Moments
    Yair Sagy
    7. Path-Dependency in Soviet and Russian Constitution-Making
    Eugene D Mazo
    8. 'Founding Moments' in Latin America? Th e Brazilian and Chilean Constitutional Histories and the Rise of the Forgotten People
    Juliano Zaiden Benvindo
    9. We the Taiwanese People: A Constitution with Two Antagonistic Constitutional Identities
    Chien-Chih Lin
    10. What's in a Founding? Founding Moments and Pakistan's 'Permanent Constitution' of 1973
    Maryam S. Khan
    11. A Founding Moment in Iraq: A Gender Perspective
    Noga Efrati
    Conclusion: Rethinking Founding Moments
    Nishchal Basnyat

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