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Post sovereign constitution making : learning and legitimacy / Andrew Arato.

By: Arato, Andrew [author.].Series: Oxford constitutional theory: Publisher: Oxford : Oxford University Press, 2016Description: viii, 308 pages.Content type: text Media type: unmediated Carrier type: volumeISBN: 9780198755982.Subject(s): Constitutional history | Constitutional law -- PhilosophyDDC classification: 342.2
Contents:
Introduction : beyond the paradox of constitutionalism -- Toward a theory of constituent authority -- Constitutional learning -- Conventions, consituent assemblies, and round tables -- The Hungarian paradox -- Turkey : authoritarian constitution making, reform, and the crisis of constitutionalism -- Political theology, populism and the constituent power.
Summary: Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy.

Introduction : beyond the paradox of constitutionalism -- Toward a theory of constituent authority -- Constitutional learning -- Conventions, consituent assemblies, and round tables -- The Hungarian paradox -- Turkey : authoritarian constitution making, reform, and the crisis of constitutionalism -- Political theology, populism and the constituent power.

Constitutional politics has become a major terrain of contemporary struggles. Contestation around designing, replacing, revising, and dramatically re-interpreting constitutions is proliferating worldwide. Starting with Southern Europe in post-Franco Spain, then in the ex-Communist countries in Central Europe, post-apartheid South Africa, and now in the Arab world, constitution making has become a project not only of radical political movements, but of liberals and conservatives as well. Wherever new states or new regimes will emerge in the future, whether through negotiations, revolutionary process, federation, secession, or partition, the making of new constitutions will be a key item on the political agenda. Combining historical comparison, constitutional theory, and political analysis, this volume links together theory and comparative analysis in order to orient actors engaged in constitution making processes all over the world. The book examines two core phenomena: the development of a new, democratic paradigm of constitution making, and the resulting change in the normative discussions of constitutions, their creation, and the source of their legitimacy.

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