Full Description
This timely book offers a novel theory of constitutional revolutions, providing a new and engaging framework for critically assessing how revolutions and contra-revolutions, transitional periods and the phenomenon of oblivion influence constitutional change. Contributions by leading scholars in the field explore the relationship between revolutions and constitutional order and disorder, considering in particular the impact of political transitions, situations of emergency, coup d'etat and the role of memory and oblivion during times of revolution. Through a series of case studies, the book identifies ways in which these phenomena have, and will, affect the formation and amendment of constitutions in both the short and long term. This includes, most notably, those changes which seem to go against the spirit of constitutionalism. In so doing, it provides important insight into how constitutions and constituent powers deal with the influences of the past.
Students and scholars engaged in the study of constitutional law, legal theory, theories of the state, transitions of democracy and the philosophy of law will find this ground-breaking book to be a must read.
Contents
Contents:
Introduction xi
Martin Belov and Antoni Abat i Ninet
PART I CONSTITUTION, REVOLUTION, AND LAW
1 Conceptualising the relationship between revolutions and
constitutions 2
Antoni Abat i Ninet
2 Revolution and interpretation: what is a legal revolution? 18
Xavier Souvignet
3 Revolution in law 31
Yanaki Stoilov
4 Constitutional revolutions beyond liberalism: a realist critique 54
Acar Kutay
PART II NORMATIVIST DISCOURSES ON LEGAL
AND CONSTITUTIONAL REVOLUTION
5 The basic norm at the time of the revolution 71
Monika Zalewska
6 On the Kelsenian concept of revolution: a theory of the
relationship between social and legal revolution and the
case of the first Bulgarian constitutional transition (1944-1947) 91
Simeon Groysman
PART III CONSTITUTIONAL REVOLUTION AND
CONSTITUTIONAL TRANSITION -
BETWEEN MEMORY AND OBLIVION
7 Constitutional memories: how do constitutions cope with
constitutional past 107
Martin Belov
8 The art of using legal fiction as a legal revolution solution:
the case of Vichy 126
Emmanuel Cartier
9 The interim constitution in time of transition: between
constitutional amendment and constitutional revolution 144
Aleksandar Tsekov
PART IV CONSTITUTION-MAKING,
UNCONSTITUTIONAL CONSTITUTIONAL
AMENDMENTS AND PRO-AUTHORITARIAN
DRIFTING OF THE CONSTITUTIONAL ORDER
10 Constitution-making processes in Europe since the Second
World War 168
Zoltán Szente
11 Why does a constitutional change emerge and who
has a say in it? Constitution-making, constitutional
amendments and their constitutional review in Hungary
between 2010 and 2018 184
Fruzsina Gárdos-Orosz
12 Constitutional change through unconstitutional interpretation 210
Monika Florczak-Wątor
13 Conclusion 231
Martin Belov and Antoni Abat i Ninet
Index
