Reconsidering Constitutional Formation I National Sovereignty: A Comparative Analysis of the Juridification by Constitution
This open access book can be downloaded from link.springer.comLegal 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 consti...
Đã lưu trong:
| Định dạng: | Online |
|---|---|
| Ngôn ngữ: | Tiếng Anh |
| Được phát hành: |
Springer Nature
2021
|
| Những chủ đề: | |
| Truy cập trực tuyến: | 630795 |
| Các nhãn: |
Không có thẻ, Là người đầu tiên thẻ bản ghi này!
|
| _version_ | 1869522971053260800 |
|---|---|
| collection | Directory of Open Access Books |
| description | This open access book can be downloaded from link.springer.comLegal 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 ‘creeds’ of a new order, not only due to their occasional recourse to divine authority, but rather due to the claim for eternal validity contexts of constitutional guarantees. The communication dependency of constitutions was of less concern in terms of the preamble than the constituents’ big worries about government organisation. Their indecisiveness between monarchical and popular sovereignty was established through the discrediting of the Republic in the Jacobean reign of terror and the ‘renaissance’ of the monarchy in the military resistance against the French revolutionary and later Napoleonic campaigns. The constitutional formation as a legal act of constituting could therefore defend the monarchy from the threat of the people (Albertine Statute 1848), could be a legal decision of a national constituent assembly (Belgian Constitution 1831), could borrow from the old liberties (Polish May Constitution 1791) or try to remain in between by referring to the Nation as sovereign (French September Constitution 1791, Cádiz Constitution 1812). Common to all contexts is the use of national sovereignty as a legal starting point. The consequent differentiation between constituent and constituted power manages to justify the self-commitment of political power in legal terms. National sovereignty is the synonym for the juridification of sovereignty by means of the constitution. The novelty of the constitutions of the late 18th and 19th century is the normativity, the positivity of the constitutional law as one unified law, to be the measure for the legality of all other law. Therefore ReConFort will continue with the precedence of constitution. (www.reconfort.eu) |
| format | Online |
| id | doab-20.500.12854ir-39509 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Springer Nature |
| publisherStr | Springer Nature |
| record_format | ojs |
| spelling | doab-20.500.12854ir-395092025-05-09T12:12:13Z Reconsidering Constitutional Formation I National Sovereignty: A Comparative Analysis of the Juridification by Constitution Müßig, Ulrike constitutional law Poland Sovereignty Westphalian sovereignty This open access book can be downloaded from link.springer.comLegal 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 ‘creeds’ of a new order, not only due to their occasional recourse to divine authority, but rather due to the claim for eternal validity contexts of constitutional guarantees. The communication dependency of constitutions was of less concern in terms of the preamble than the constituents’ big worries about government organisation. Their indecisiveness between monarchical and popular sovereignty was established through the discrediting of the Republic in the Jacobean reign of terror and the ‘renaissance’ of the monarchy in the military resistance against the French revolutionary and later Napoleonic campaigns. The constitutional formation as a legal act of constituting could therefore defend the monarchy from the threat of the people (Albertine Statute 1848), could be a legal decision of a national constituent assembly (Belgian Constitution 1831), could borrow from the old liberties (Polish May Constitution 1791) or try to remain in between by referring to the Nation as sovereign (French September Constitution 1791, Cádiz Constitution 1812). Common to all contexts is the use of national sovereignty as a legal starting point. The consequent differentiation between constituent and constituted power manages to justify the self-commitment of political power in legal terms. National sovereignty is the synonym for the juridification of sovereignty by means of the constitution. The novelty of the constitutions of the late 18th and 19th century is the normativity, the positivity of the constitutional law as one unified law, to be the measure for the legality of all other law. Therefore ReConFort will continue with the precedence of constitution. (www.reconfort.eu) 2021-02-10T12:58:18Z 2017-05-01 23:55:55 2020-03-18 13:36:15 2020-04-01T13:32:03Z 2016 book 630795 OCN: 959803523 2198-9842 http://library.oapen.org/handle/20.500.12657/31348 9783319424057 https://directory.doabooks.org/handle/20.500.12854/39509 eng Studies in the History of Law and Justice open access image/jpeg image/jpeg image/jpeg image/jpeg image/jpeg Attribution 4.0 International Attribution 4.0 International Attribution 4.0 International Attribution 4.0 International Attribution 4.0 International https://library.oapen.org/bitstream/20.500.12657/31348/1/630795.pdf https://library.oapen.org/bitstream/20.500.12657/31348/1/630795.pdf https://library.oapen.org/bitstream/20.500.12657/31348/1/630795.pdf https://library.oapen.org/bitstream/20.500.12657/31348/1/630795.pdf https://library.oapen.org/bitstream/20.500.12657/31348/1/630795.pdf Springer Nature 10.1007/978-3-319-42405-7 10.1007/978-3-319-42405-7 9fa3421d-f917-4153-b9ab-fc337c396b5a FP7 Ideas: European Research Council 7292b17b-f01a-4016-94d3-d7fb5ef9fb79 9783319424057 European Research Council (ERC) EU collection 284 339529 FP7 SC39 open access |
| spellingShingle | constitutional law Poland Sovereignty Westphalian sovereignty Reconsidering Constitutional Formation I National Sovereignty: A Comparative Analysis of the Juridification by Constitution |
| title | Reconsidering Constitutional Formation I National Sovereignty: A Comparative Analysis of the Juridification by Constitution |
| title_full | Reconsidering Constitutional Formation I National Sovereignty: A Comparative Analysis of the Juridification by Constitution |
| title_fullStr | Reconsidering Constitutional Formation I National Sovereignty: A Comparative Analysis of the Juridification by Constitution |
| title_full_unstemmed | Reconsidering Constitutional Formation I National Sovereignty: A Comparative Analysis of the Juridification by Constitution |
| title_short | Reconsidering Constitutional Formation I National Sovereignty: A Comparative Analysis of the Juridification by Constitution |
| title_sort | reconsidering constitutional formation i national sovereignty a comparative analysis of the juridification by constitution |
| topic | constitutional law Poland Sovereignty Westphalian sovereignty |
| topic_facet | constitutional law Poland Sovereignty Westphalian sovereignty |
| url | 630795 |