國立高雄大學圖資館 |

Language: English

Back to Search results for [ author_sort:"mussig, ulrike." ]

Reconsidering Constitutional formati...

Mussig, Ulrike.

Reconsidering Constitutional formation II decisive Constitutional normativityfrom old liberties to new precedence /

Record Type:	Electronic resources : Monograph/item
Title/Author:	Reconsidering Constitutional formation II decisive Constitutional normativityedited by Ulrike Mussig.
Reminder of title:	from old liberties to new precedence /
other author:	Mussig, Ulrike.
Published:	Cham :Springer International Publishing :2018.
Description:	xii, 419 p. :ill., digital ;24 cm.
Contained By:	Springer eBooks
Subject:	Law.
Online resource:	http://dx.doi.org/10.1007/978-3-319-73037-0
ISBN:	9783319730370$q(electronic bk.)

Reconsidering Constitutional formation II decisive Constitutional normativityfrom old liberties to new precedence /
Reconsidering Constitutional formation II decisive Constitutional normativityfrom old liberties to new precedence /[electronic resource] :edited by Ulrike Mussig. - Cham :Springer International Publishing :2018. - xii, 419 p. :ill., digital ;24 cm. - Studies in the history of law and justice,v.122198-9842 ;. - Studies in the history of law and justice ;v.1..

Open access.

This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power) In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this 'new order of the ages' suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien regime. In fact, while the shift to constitutions as a hierarchically 'higher' form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments - from the French Revolution to Napoleon's downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory. Also included in this volume are the French originals and English translations of two vital documents. The first - Emmanuel Joseph Sieyes' Du Jury Constitutionnaire (1795) - highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second - the 1812 draft of the Constitution of the Kingdom of Poland - presents the 'constitutional propaganda' of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe's constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)

ISBN: 9783319730370$q(electronic bk.)

Standard No.: 10.1007/978-3-319-73037-0doiSubjects--Topical Terms:

207600
Law.

LC Class. No.: K201 / .R4 2018

Dewey Class. No.: 340.1

Reconsidering Constitutional formation II decisive Constitutional normativityfrom old liberties to new precedence /
LDR:03560nmm a2200337 a 4500 001 538891
003 DE-He213
005 20181127114725.0
006 m d
007 cr nn 008maaau
008 190122s2018 gw s 0 eng d
020 $a 9783319730370$q(electronic bk.)
020 $a 9783319730363$q(paper)
024 7 $a 10.1007/978-3-319-73037-0 $2 doi
035 $a 978-3-319-73037-0
040 $a GP $c GP
041 0 $a eng
050 4 $a K201 $b .R4 2018
072 7 $a LAB $2 bicssc
072 7 $a LAW079000 $2 bisacsh
072 7 $a PHI021000 $2 bisacsh
082 0 4 $a 340.1 $2 23
090 $a K201 $b .R311 2018
245 0 0 $a Reconsidering Constitutional formation II decisive Constitutional normativity $h [electronic resource] : $b from old liberties to new precedence / $c edited by Ulrike Mussig.
260 $a Cham : $b Springer International Publishing : $b Imprint: Springer, $c 2018.
300 $a xii, 419 p. : $b ill., digital ; $c 24 cm.
490 1 $a Studies in the history of law and justice, $x 2198-9842 ; $v v.12
506 $a Open access.
520 $a This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power) In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this 'new order of the ages' suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien regime. In fact, while the shift to constitutions as a hierarchically 'higher' form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily influenced by British common law, in turn served as an inspiration for a variety of constitutional experiments - from the French Revolution to Napoleon's downfall, in the halls of the Frankfurt Assembly, on the road to a unified Italy, and in the later theoretical discourse of twentieth-century Austria. If the constitution states the legal rules for the law-making process, then its Kelsian primacy is mandatory. Also included in this volume are the French originals and English translations of two vital documents. The first - Emmanuel Joseph Sieyes' Du Jury Constitutionnaire (1795) - highlights an early attempt to reconcile the democratic values of the French Revolution with the pragmatic need to legally protect the Revolution. The second - the 1812 draft of the Constitution of the Kingdom of Poland - presents the 'constitutional propaganda' of the Russian Tsar Alexander I to bargain for the support of the Lithuanian and Polish nobility. These documents open new avenues of research into Europe's constitutional history: one replete with diverse contexts and national experiences, but above all an overarching motif of constitutional decisiveness that served to complete the juridification of sovereignty. (www.reconfort.eu)
650 0 $a Law. $3 207600
650 0 $a Law $x History. $3 187998
650 0 $a Law $x Philosophy. $3 187673
650 0 $a Constitutional law. $3 187716
650 2 4 $a Theories of Law, Philosophy of Law, Legal History. $3 557741
650 2 4 $a Legal History. $3 758596
650 2 4 $a Constitutional Law. $3 307719
700 1 $a Mussig, Ulrike. $3 758593
710 2 $a SpringerLink (Online service) $3 273601
773 0 $t Springer eBooks
830 0 $a Studies in the history of law and justice ; $v v.1. $3 683908
856 4 0 $u http://dx.doi.org/10.1007/978-3-319-73037-0
950 $a Law and Criminology (Springer-41177)