Founding moments in constitutionalism / edited by Richard Albert, Menaka Guruswamy and Nishchal Basnyat.

Format:

Book

Contributor:

Albert, Richard (Law professor), editor.

Basnyat, Nishchal, editor.

Guruswamy, Menaka, 1974- editor.

Language:

English

Subjects (All):

Comparative law.

Constitutional history.

Constitutional law.

Physical Description:

1 online resource (267 pages)

Edition:

First edition.

Distribution:

London : Bloomsbury Publishing, 2019

Place of Publication:

Oxford, UK : Hart Publishing, 2019.

Summary:

"Conventionally, founding moments are landmark events that break ties with the ancient regime and lay the foundation for the establishment of new constitutional order. They are often depicted as occurring radically, and are best exemplified by revolution. Founding moments shape national law, influence surrounding countries, establish future power structures and reinforce political institutions established by the constitution. This edited collection brings together leading scholars to consider how much we know about the idea of a founding moment. Divided into three main parts, the first part on 'theory' explores founding moments as a concept. In approaching the phenomenon in a theoretical way, this part establishes some basic ideas that can lead to a general understanding of what exactly founding moments are. The second part focuses on 'history', the chapters take a distinctly historical approach to the idea of a founding moment, whether by closely reconsidering a founding moment in a regime or by engaging in a historical archival research. The third part, on 'application', looks at the founding moments of specific states. Many of these are cases which differ from the conventional model of founding moments"-- Provided by publisher.

Contents:

Introduction: Mapping the Founding

Richard Albert and Menaka Guruswamy 1. Between Fact and Norm: Narrative and the Constitutionalisation of Founding Moments

Ming-Sung Kuo 2. Th e Role of Courts in Advancing Constitutional Moments: Constitutionalising the Constitution in Singapore and Hong Kong

Swati Jhaveri 3. Foundation and Revolution: Hannah Arendt and the Problem of Legitimacy and Stability in Constitutional Consolidation

Mel A Topf 4. I am Not Your (Founding) Father

Mikolaj Barczentewicz 5. 'And Then They Begin to Look after the History of Their Founders': (Re)configurations of the Founding in the Early Republic

Simon Gilhooley 6. Under the Shadow of the Constitutional Revolution? Revisiting Israel's Founding Moments

Yair Sagy 7. Path-Dependency in Soviet and Russian Constitution-Making

Eugene D Mazo 8. 'Founding Moments' in Latin America? Th e Brazilian and Chilean Constitutional Histories and the Rise of the Forgotten People

Juliano Zaiden Benvindo 9. We the Taiwanese People: A Constitution with Two Antagonistic Constitutional Identities

Chien-Chih Lin 10. What's in a Founding? Founding Moments and Pakistan's 'Permanent Constitution' of 1973

Maryam S Khan 11. A Founding Moment in Iraq: A Gender Perspective

Noga Efrati Conclusion: Rethinking Founding Moments

Nishchal Basnyat

Notes:

Includes bibliographical references and index.

Description based on print version record.

ISBN:

9781509931002

1509931007

9781509930999

150993099X

9781509930982

1509930981

OCLC:

1119640247