000 04724nam a22004815i 4500
001 978-3-319-42405-7
003 DE-He213
005 20180131132533.0
007 cr nn 008mamaa
008 160818s2016 gw | s |||| 0|eng d
020 _a9783319424057
_9978-3-319-42405-7
024 7 _a10.1007/978-3-319-42405-7
_2doi
050 4 _aK3154-3370
072 7 _aLND
_2bicssc
072 7 _aLAW018000
_2bisacsh
082 0 4 _a342
_223
245 1 0 _aReconsidering Constitutional Formation I National Sovereignty
_h[electronic resource] :
_bA Comparative Analysis of the Juridification by Constitution /
_cedited by Ulrike Müßig.
264 1 _aCham :
_bSpringer International Publishing :
_bImprint: Springer,
_c2016.
300 _aXIII, 284 p. 1 illus. in color.
_bonline resource.
336 _atext
_btxt
_2rdacontent
337 _acomputer
_bc
_2rdamedia
338 _aonline resource
_bcr
_2rdacarrier
347 _atext file
_bPDF
_2rda
490 1 _aStudies in the History of Law and Justice,
_x2198-9842 ;
_v6
505 0 _aJuridification by Constitution. National Sovereignty in the 18th and 19th c. Europe; Ulrike Müßig -- National sovereignty in the Belgian Constitution of 1831. On the meaning(s) of article 25; Brecht Deseure -- The Omnipotence of Parliament in the legitimisation process of ‘representative government’ during the Albertine Statute (1848-1861); Giuseppe Mecca -- Sovereignty Issue in the Public Discussion in the Era of the Polish 3rd of May Constitution; Anna Tarnowska -- Appendix: English translation of the Statute ‘Our free Royal Cities in the States of Rzeczpospolita’ of April 18, 1791 by Ulrike Müßig and Max Bärnreuther, together with Inge Bily -- About the Authors -- Index . .
506 0 _aOpen Access
520 _aLegal 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 processesbecame 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).
650 0 _aLaw.
650 0 _aLaw
_xHistory.
650 0 _aLaw
_xPhilosophy.
650 0 _aConstitutional law.
650 1 4 _aLaw.
650 2 4 _aConstitutional Law.
650 2 4 _aLegal History.
650 2 4 _aTheories of Law, Philosophy of Law, Legal History.
700 1 _aMüßig, Ulrike.
_eeditor.
710 2 _aSpringerLink (Online service)
773 0 _tSpringer eBooks
776 0 8 _iPrinted edition:
_z9783319424040
830 0 _aStudies in the History of Law and Justice,
_x2198-9842 ;
_v6
856 4 0 _uhttp://dx.doi.org/10.1007/978-3-319-42405-7
912 _aZDB-2-LCR
999 _c188962
_d188962