European University Institute Library

Revolution, transition, memory, and oblivion, reflections on constitutional change, edited by Martin Belov and Antoni Abat i Ninet

eng

Includes bibliographical references

index present

non fiction

Revolution, transition, memory, and oblivion

electronic resource

bibliographydictionaries

edited by Martin Belov and Antoni Abat i Ninet

ElgarOnline eBooks

reflections on constitutional change

"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℗þeÌtat 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"--, Provided by publisher

Contents: Introduction / 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? / Xavier Souvignet -- 3. Revolution in law / Yanaki Stoilov -- 4.Constitutional revolutions beyond liberalism: a realist critique / Acar Kutay -- Part II: Normativist discourses on legal and constitutional revolution -- 5. The basic norm at the time of the revolution / 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) / Simeon Groysman -- Part III: Constitutional revolution and constitutional transition - between memory and oblivion -- 7. Constitutional memories: How do constitutions cope with constitutional past / Martin Belov -- 8. The art of using legal fiction as a legal revolution solution: the case of Vichy / Emmanuel Cartier -- 9. The interim constitution in time of transition: between constitutional amendment and constitutional revolution / 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 / 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 / Fruzsina Gárdos-Orosz -- 12. Constitutional change through unconstitutional interpretation / Monika Florczak-Wątor -- 13. Conclusion / Martin Belov and Antoni Abat i Ninet -- Index