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Written constitutions are an important attribute of nation states and have become a global phenomenon over the past 200 years. The process began with the revolutions in the Atlantic World, from where it spread to other regions. The present volume looks into the complex of constitutions, the fundamental values conveyed by the constitutional texts, the building and functioning of new constitutional bodies and their symbolic representation. All the authors work on the assumption that in order to fully understand the constitutional order and its history, it is necessary, in addition to studying the legal text, to analyse its special forms of implementation and legitimisation. Therefore, culture ...
Canadian Confederation has long been assessed as a political moment that created a new "national" entity. This book breaks new ground by arguing that Confederation was an imperial event that generated new questions and ideas about the future of global political order.
Provides the first detailed analysis of the evolution of the concept of corruption in colonial Mexico.
In May It Please the Court, artist Xavier Cortada portrays ten significant decisions by the Supreme Court of the United States that originated from people, places, and events in Florida. These cases cover the rights of criminal defendants, the rights of free speech and free exercise of religion, and the powers of states. In Painting Constitutional Law, scholars of constitutional law analyse the paintings and cases, describing the law surrounding the cases and discussing how Cortada captures these foundational decisions, their people, and their events on canvas. This book explores new connections between contemporary art and constitutional law. Contributors are: Renée Ater, Mary Sue Backus, Kathleen A. Brady, Jenny E. Carroll, Erwin Chemerinsky, Xavier Cortada, Andrew Guthrie Ferguson, Leslie Kendrick, Corinna Barrett Lain, Paul Marcus, Linda C. McClain, M.C. Mirow, James E. Pfander, Laura S. Underkuffler, and Howard M. Wasserman.
Between the mid-eighteenth and the mid-nineteenth century, the idea of dictatorship changed drastically, leaving back the ancient Roman paradigm and opening the way to a rule with extraordinary powers and which was unlimited in time. While the French Revolution produced an acceleration of history and created new narratives of dictatorship, with Napoleon Bonaparte as its most iconic embodiment, the Latin American struggle for independence witnessed an unprecedented concentration of rulers seeking those new nations’ sovereignty through dictatorial rule. Starting from the assumption that the age of revolution was one of dictators too, this book aims at exploring how this new type of rulers wh...
Transatlantic Revolutionary Cultures, 1789-1861 argues that the revolutionary era constituted a coherent chapter in transatlantic history and that individual revolutions were connected to a broader, transatlantic and transnational frame. As a composite, the essays place instances of political upheaval during the long nineteenth century in Europe and the Americas in a common narrative and offer a new interpretation on their seeming asynchrony. In the age of revolutions the formation of political communities and cultural interactions were closely connected over time and space. Reciprocal connections arose from discussions on the nature of history, deliberations about constitutional models, as well as the reception of revolutions in popular culture. These various levels of cultural and intellectual interchange we term “transatlantic revolutionary cultures.” Contributors are: Ulrike Bock, Anne Bruch, Peter Fischer, Mischa Honeck, Raphael Hörmann, Charlotte A. Lerg, Marc H. Lerner, Michael L. Miller, Timothy Mason Roberts, and Heléna Tóth.
This book provides insights into the viability of the idea of global constitution. Global constitutionalism has emerged as an alternative paradigm for international law. However, in view of the complex and varied structure of contemporary constitutionalism, in reality it is extremely difficult to use constitutional law to provide a new paradigm for international law. The book argues that the cultural paradigm can offer functional tools for the global constitutionalism discourse. In other words, global constitutionalism could be handled in the context of a global “constitutional culture” instead of a global constitution. This would provide a more realistic basis for discussing global constitutionalization of a society as diverse as the international community, where a globalized polity and a globalized legal system have not yet been achieved.
This open access book can be downloaded from link.springer.com Legal studies and consequently legal history focus on constitutional documents, believing in a nominalist autonomy of constitutional semantics. Reconsidering Constitutional Formation in the late 18th and 19th century, kept historic constitutions from being simply log-books for political experts through a functional approach to the interdependencies between constitution and public discourse. Sovereignty had to be ‘believed’ by the subjects and the political élites. Such a communicative orientation of constitutional processes became palpable in the ‘religious’ affinities of the constitutional preambles. They were held as ...
Papers presented at the "Coloquio Internacional Relaciones entre Lengua, Naciâon, Indentidad y Poder en Espaäna, Hispanoamâerica y Estados Unidos", held June 2-4, 2005, in Berlin.
Gesellschaftliche Ordnung wurde in der Vormoderne ganz wesentlich durch symbolische Kommunikation gestiftet und stabilisiert, aber auch angefochten und immer aufs Neue austariert – so lautete eine zentrale Prämisse der Arbeit des Sonderforschungsbereichs 496 der Universität Münster, der Ende 2011 seine Arbeit beendet hat. Unter der Leitfrage »Alles nur symbolisch?« wird in diesem Band eine Bilanz gezogen, indem nicht nur die Erträge des Forschungsverbundes dokumentiert, sondern auch kritische Einwände zur Diskussion gestellt werden. Das geschieht aus der Perspektive der Mittelalterlichen und Neueren Geschichte, der Rechtsgeschichte, der Kunstgeschichte sowie der Literatur- und Musikwissenschaft.