| Description |
1 online resource (267 pages) |
| Physical Medium |
polychrome |
| Description |
text file |
| Contents |
Intro; Table of Contents; List of Contributors; Introduction Mapping the Founding; Understanding the Founding; Theorising the Founding; The Seeds for this Collection; In this Volume; An Invitation; 1. Between Fact and Norm: Narrative and the Constitutionalisation of Founding Moments; I. Introduction; II. Fact or Norm? Founding Moments Envisaged in Constitutional Theory; III. Between Fact and Norm: Imagining Founding Moments in the Constitutional Nomos; IV. Conclusion; 2. The Role of Courts in Advancing Constitutional Moments: Constitutionalising the Constitution in Singapore and Hong Kong |
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I. IntroductionII. The Founding of the Hong Kong Special Administrative Region: Collision of Political and Constitutional Ideologies; III. Founding Moments for the Republicof Singapore: Tension between the de Jurev de Facto Status of the Constitution; IV. Moving Past the Founding Moment: A Need to Constitutionalise the Constitutional Text; V. Conclusion; 3. Foundation and Revolution: Hannah Arendt and the Problem of Legitimacy and Stability in Constitutional Consolidation; I. Hannah Arendt and the Problem of Revolutionary Consolidation; II. Consolidation and the Problem of Legitimacy |
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III. Legitimacy and Fabrication4. I am Not Your (Founding) Father; I. Introduction; II. What Does it Mean to be a Constitution-Maker?; III. Proper Legal Uses of the Sources Unconnected to Constitution-Makers; IV. Founders, Framers, But Not Makers: Applying the Theory; V. Conclusion; 5. 'And Then They Begin to Look after the History of Their Founders': (Re)configurations of the Founding in the Early Republic; I. Past and Present in Founding Moments; II. Three Moments of Reconfiguration; III. Conclusion |
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6. Under the Shadow of the Constitutional Revolution?: Revisiting Israel's Founding MomentsI. Introduction; II. A Brief History of Israel's Quest for a Bill of Rights; III. Overview of the New Literature; IV. The Old and New Courts:Three Generations of Scholarship; V. The Mandate's Legacy; VI. Critical Assessment; VII. Conclusion; 7. Path-Dependency in Soviet and Russian Constitution-Making; I. Introduction; II. The Soviet Union's Constitutional Structure; III. Gorbachev's Constitutional Reforms; IV. Constitutional Path-Dependency in the Republics |
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8. 'Founding Moments' in Latin America? The Brazilian and Chilean Constitutional Histories and the Rise of the Forgotten PeopleI. Introduction; II. Constitutional Change Through a New Constitutional Text: The Brazilian Transition to Democracy; III. Constitutional Change without a Constitutional Text: The Chilean Transition to Democracy; IV. Conclusion; 9. We the Taiwanese People A Constitution with Two Antagonistic: Constitutional Identities; I. Introduction; II. National Identity and Constitutional Identity; III. Constitutional Identities in the ROC Constitution |
| Note |
IV. Normative Implications of ParallelConstitutional Identities |
| 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. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Constitutional history.
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Constitutional history. |
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Constitutional law.
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Constitutional law. |
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Comparative law.
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Comparative law. |
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Law. |
| Added Author |
Guruswamy, Menaka.
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Basnyat, Nishchal.
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| Other Form: |
Print version: Albert, Richard. Founding Moments in Constitutionalism. London : Bloomsbury Publishing Plc, ©2019 9781509930975 |
| ISBN |
150993099X |
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9781509930999 (electronic book) |
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