Post sovereign constitutional making : learning and legitimacy / Andrew Arato, Dorothy Hart Hirshon Professor of Political and Social Theory, The New School.

Format:

Book

Author/Creator:

Arato, Andrew.

Series:

Oxford constitutional theory

Oxford Constitutional Theory

Language:

English

Subjects (All):

Constitutional history.

Constitutional law--Philosophy.

Constitutional law.

Physical Description:

viii, 308 pages ; 24 cm.

Edition:

First Edition.

Place of Publication:

Oxford, United Kingdom : Oxford University Press, 2016.

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.

Contents:

Part I History and Theory

Chapter 1 Toward a Theory of Constituent Authority 19

Chapter 2 Constitutional Learning 75

Chapter 3 Conventions, Constituent Assemblies, and Round Tables 107

Part II Two Case Studies

Chapter 4 The Hungarian Paradox 161

Chapter 5 Turkey: Authoritarian Constitution Making, Reform, and the Crisis of Constitutionalism 223

Part III Populist Constituent Politics

Chapter 6 Political Theology, Populism, and the Constituent Power 269.

Notes:

Includes bibliographical references and index.

ISBN:

9780198755982

0198755988

OCLC:

929590449