Founding Moments in Constitutionalism

Author: Richard Albert; Menaka Guruswamy; Nishchal Basnyat
Publisher: Hart Publishing
ISBN: 9781509952090

Published In: May 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509930975

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Founding moments are landmark events that break ties with the ancien régime and lay the foundation for the establishment of a new constitutional order. They are often radically disruptive episodes in the life of a state. They reshape national law, reset political relationships, establish future power structures, and influence happenings in neighbouring countries.

This edited collection brings together leading and emerging scholars to theorise the phenomenon of a founding moment. What is a founding moment? When does the 'founding' process begin and when does it end? Is a founding moment possible without yielding a new constitution? Can a founding moment lead to a partial or incomplete transformation? And should the state be guided by the intentions of those who orchestrated these momentous breaks from the past? Drawing from constitutions around the world, the authors ask these and other fundamental questions about making and remaking constitutions.

Introduction: Mapping the Founding

Richard Albert and Menaka Guruswamy

1. Between Fact and Norm: Narrative and the Constitutionalisation of Founding Moments

Ming-Sung Kuo

2. Th e Role of Courts in Advancing Constitutional Moments: Constitutionalising the Constitution in Singapore and Hong Kong

Swati Jhaveri

3. Foundation and Revolution: Hannah Arendt and the Problem of Legitimacy and Stability in Constitutional Consolidation

Mel A. Topf

4. I am Not Your (Founding) Father

Mikolaj Barczentewicz

5. 'And Then They Begin to Look after the History of Their Founders': (Re)configurations of the Founding in the Early Republic

Simon Gilhooley