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Constitutionalism, Legitimacy, and Power: Nineteenth-Century Experiences

Online ISBN:
9780191789632
Print ISBN:
9780198723059
Publisher:
Oxford University Press
Book

Constitutionalism, Legitimacy, and Power: Nineteenth-Century Experiences

Kelly L Grotke (ed.),
Kelly L Grotke
(ed.)

Researcher

Researcher, Erik Castrén Institute of International Law and Human Rights, University of Helsinki
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Markus J Prutsch (ed.)
Markus J Prutsch
(ed.)

Researcher

Researcher, European Parliament
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Published online:
20 November 2014
Published in print:
25 September 2014
Online ISBN:
9780191789632
Print ISBN:
9780198723059
Publisher:
Oxford University Press

Abstract

In the nineteenth century, the generation and reception of constitutional texts served as the centre of gravity around which law and politics consistently revolved. This volume critically re-examines the role of constitutionalism in that period, in order to challenge established teleological narratives of consistent development from absolutism towards inclusive, participatory democracy. Aspects of constitutional histories within and outside of Europe are examined from a comparative, transnational, and multidisciplinary historical perspective, in order to test five critical hypotheses: (1) constitutions were anti-revolutionary devices; (2) constitutions justified new social inequalities; (3) constitutions promoted nationalism; (4) constitutions were instruments of imperialism; and (5) constitutions function simultaneously as legal and political texts. By analysing nineteenth-century constitutions in tandem with the political and social circumstances of their creation, enactment, and stated objectives, this book aims to counter any simplistic narratives asserting that constitutions offer a straightforward, law-based path to increasing democracy, equality, and liberty.

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