Constitutionalism, Legitimacy, and Power: Nineteenth-Century Experiences
Constitutionalism, Legitimacy, and Power: Nineteenth-Century Experiences
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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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Front Matter
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Part I Introduction
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Part II Constitutions as Anti-Revolutionary Devices
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2
A Nineteenth-Century ‘Truman Doctrine’ avant la lettre? Constitutional Liberty Abroad and the Parliamentary Debate about British Foreign Policy from Castlereagh to Palmerston
Horst Dippel
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3
State Building by Means of Constitution in the Italian Constitutional Monarchy
Anna Gianna Manca
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4
‘Monarchical Constitutionalism’ in Post-Napoleonic Europe: Concept and Practice
Markus J. Prutsch
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5
Restorations and Constitutions
Volker Sellin
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2
A Nineteenth-Century ‘Truman Doctrine’ avant la lettre? Constitutional Liberty Abroad and the Parliamentary Debate about British Foreign Policy from Castlereagh to Palmerston
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Part III Constitutions and the Justification of New Social Inequalities
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6
Rethinking Women’s Suffrage in the Nineteenth Century: Local Government and Entanglements of Property and Gender in the Austrian Half of the Habsburg Monarchy, Sweden, and the United Kingdom
Birgitta Bader-Zaar
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7
Constitution, Ownership, and Human Rights
Olivier Beaud
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8
Constitutionalism, Inheritance, and Orders of Property: Land Laws in Nineteenth-Century Britain and Germany
Monika Wienfort
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6
Rethinking Women’s Suffrage in the Nineteenth Century: Local Government and Entanglements of Property and Gender in the Austrian Half of the Habsburg Monarchy, Sweden, and the United Kingdom
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Part IV Constitutions as Promoters of Nationalism
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9
‘Equality among the Nationalities’ and the Peoples (Volksstämme) of the Habsburg Empire
Brigitte Mazohl
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10
‘Long Live Sultan Abdülaziz, Long Live the Nation, Long Live the Constitution...’
Aylin Koçunyan
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11
The Norwegian Constitution of 1814 between European Restoration and Liberal Nationalism
Dag Michalsen
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12
Ariadne’s Thread: Navigating Postcolonial Spanish America’s Labyrinth through Constitution Building in New Granada (1809–1812)
Francisco A. Ortega
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9
‘Equality among the Nationalities’ and the Peoples (Volksstämme) of the Habsburg Empire
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Part V Constitutions as Instruments of Imperialism
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13
The Suspension of Constitutionalism in the Heart of Darkness
Felix Hanschmann
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14
Modernizing Heterogeneous Empire: The Russian Fundamental Laws of 1906 and the Incorporation of the Grand Duchy of Finland
Tatiana Khripachenko
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15
Visions of Constitutionalism: The Implementation of Representative Institutions in the British Colonies
Thibault Guilluy
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16
‘The most decorous veil which legal ingenuity can weave’: The British Annexation of New Zealand (1840)
Paul McHugh
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13
The Suspension of Constitutionalism in the Heart of Darkness
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Part VI Constitutions as Legal and Political Texts
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End Matter
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