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The Law and Legitimacy of Imposed Constitutions

The Law and Legitimacy of Imposed Constitutions

Author: Richard Albert; Xenophon Contiades; Alkmene Fotiadou
Publisher: Routledge
ISBN: 9780367519926

Published In: June 2020
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781138488984

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Constitutions are often seen as the product of the free will of a people exercising their constituent power. This, however, is not always the case, particularly when it comes to `imposed constitutions'. In recent years there has been renewed interest in the idea of imposition in constitutional design, yet the literature does not yet provide a comprehensive resource to understand the meanings, causes and consequences of an imposed constitution.

This volume examines the theoretical and practical questions emerging from what scholars have described as an imposed constitutions. In this volume, a diverse group of contributors interrogates the theory, forms, and applications of imposed constitutions with the aim of refining our understanding of this variation on constitution-making. Divided into three parts, this book first considers the conceptualization of imposed constitutions, suggesting definitions, or corrections to the definition, of what exactly an imposed constitution is. The contributors then go on to explore the various ways in which constitutions are, and can be, imposed. The collection concludes by considering imposed constitutions that are currently in place in a number of polities worldwide, problematizing the consequences their imposition has caused. Cases are drawn from a broad range of countries with examples at both the national and supranational level. This book addresses some of the most important issues discussed in contemporary constitutional law: the relationship between constituent and constituted power, the source of constitutional legitimacy, the challenge of foreign and expert intervention, and the role of comparative constitutional studies in constitution-making.

The volume will be a valuable resource for those interested in the phenomenon of imposed constitutionalism as well as anyone interested in the current trends in the study of comparative constitutional law.

Introduction: Imposition in Making and Changing Constitutions

Richard Albert, Xenophon Contiades and Alkmene Fotiadou

Part I: Theory

Chapter 1: Imposed Constitutions: Heteronomy and (Un)amendability

Xenophon Contiades and Alkmene Fotiadou

Chapter 2: Imposed Constitutions and Romantic Constitutions

David S. Law

Chapter 3: Internally Imposed Constitutions

Yaniv Roznai

Chapter 4: Legal Theology in Imposed Constitutionalism

Antoni Abat Ninet

Part II: Forms

Chapter 5: Constitutions Imposed with Consent?

Richard Albert

Chapter 6: Are "Octroyed Constitutions" of the 19th century to be Considered as Imposed Constitutions?

Jörg Gerkrath

Chapter 7: Inter-Venire, Sed Ubi Iri?: "Imposed" Constitutions, the "Will of the People", and the Eye of the Beholder

Zoran Oklopcic

Part III: Applications

Chapter 8: On the Priority that Publius Gives to National Security in Constitutional Design: Reflections on the Longevity of Article 9 of the Japanese Constitution

Sanford Levinson

Chapter 9: The Constituent Power of the "Imposed" Constitution of Japan: An Amalgam of Internationalised Revolutionary Power and Nationalistic Devolutionary Power

Yota Negishi

Chapter 10: The Legitimacy of Internationally Imposed Constitution-Making in the Context of State Building

Manon Bonnet

Chapter 11: A post-national legal order: Does the European Union have an imposed constitution?

Graham Butler

Chapter 12: Texts in a Time of Imposition: Lessons from Two Imposed Constitutions in Africa

James Fowkes