| 书目名称 | Reconsidering Constitutional Formation II Decisive Constitutional Normativity | | 副标题 | From Old Liberties t | | 编辑 | Ulrike Müßig | | 视频video | | | 概述 | Identifies constitutional normativity in European constitutions.Breaks new ground in approaches to constitutional history.Sheds new light on historical discourses concerning fundamental laws, constitu | | 丛书名称 | Studies in the History of Law and Justice | | 图书封面 |  | | 描述 | .This second volume of ReConFort, published open access, addresses the decisive role of constitutional normativity, and focuses on discourses concerning the legal role of constitutional norms. Taken together with ReConFort I (National Sovereignty), it calls for an innovative reassessment of constitutional history drawing on key categories to convey the legal nature of the constitution itself (national sovereignty, precedence, justiciability of power, judiciary as constituted power)..In the late 18th and early 19th centuries, constitutional normativity began to complete the legal fixation of the entire political order. This juridification in one constitutional text resulted in a conceptual differentiation from ordinary law, which extends to alterability and justiciability. The early expressions of this ‘new order of the ages’ suggest an unprecedented and irremediable break with European legal tradition, be it with British colonial governance or the French ancien régime. In fact, while the shift to constitutions as a hierarchically ‘higher’ form of positive law was a revolutionary change, it also drew upon old liberties. The American constitutional discourse, which was itself heavily | | 出版日期 | Book‘‘‘‘‘‘‘‘ 2018 | | 关键词 | Precedence of Constitution; Normativity and Constitution; Constitutional History of Europe; Constitutio | | 版次 | 1 | | doi | https://doi.org/10.1007/978-3-319-73037-0 | | isbn_softcover | 978-3-030-10304-0 | | isbn_ebook | 978-3-319-73037-0Series ISSN 2198-9842 Series E-ISSN 2198-9850 | | issn_series | 2198-9842 | | copyright | The Editor(s) (if applicable) and The Author(s) 2018 |
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发表于 2025-3-21 16:04:53
