Titlebook: Reconsidering Constitutional Formation II Decisive Constitutional Normativity; From Old Liberties t Ulrike Müßig Book‘‘‘‘‘‘‘‘ 2018 The Edit

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2198-9842 historical discourses concerning fundamental laws, constitu.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 Sover

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A New Order of the Ages. Normativity and Precedence, government’, as the Virginia Declaration of Rights of 1776 starts, or ‘.’, in the wording of the preamble of the French 1789 Declaration of the Rights of Man and Citizen. However, irrespective of the superficial linguistic commonalities, the revolutionary American and French discourses on constitut

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The Development of Constitutional Precedence and the Constitutionalization of Individual Rights,to this development, the upgrading of many individual rights to “constitutional rights”, in other words, their constitutionalisation. In the third part I concentrate on two judgments of the U.S. Supreme Court throwing into particularly sharp relief the superiority of constitutional law vis-à-vis ord

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,“To Which Constitution the Further Laws of the Present Sejm Have to Adhere to in All…” Constitutiondinary procedure of adopting and revision of the 3rd May Constitution 1791. Furthermore the perception of the analyzed relationship between the Constitution and acts of ordinary legislation should be regarded as inconsistent. In the following days and months, the deputies of the Great Sejm made atte

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The Codification of the Polish Substantial Criminal Law in the Sejm Debates 1818, including F. K. Drucki-Lubecki, M. K. Ogiński, L. Plater and prince A. Czartoryski. After the ground-breaking victory of the sixth coalition spearheaded by Alexander I Romanov over the French forces, it became a founding stone of the newly re-established Polish Kingdom..In the next part of the this

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Inaugurating a Dutch Napoleon? Conservative Criticism of the 1815 Constitution of the United Kingdoouthern conservative publicist, show the more structural deficiencies of the constitution as a pact between the monarch and the nation. Leaning both on feudal law and law of nations doctrine, Raepsaet demonstrated how William I had been dressed in Napoleon’s clothes. The King had a nearly unchecked

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Constituent Power and Constitutionalism in 19th Century Norway,nd European revolutionary constitutionalism. The constitution was considered by the framers as an instrument of delegation from the people to the state institutions. There was no trace of contract theory in neither the 1814 constitution’s text nor the discussions at the constitutional assembly. The

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,In Keeping with the Spirit of the Albertine Statute—Constitutionalisation of the National Unificati the letter of the Albertine Statute. The interpretation and the practice represented the most important mechanisms of constitutional change (implicit constitutional changes). A primary role was acknowledged to non-written norms. In this perspective, it may well be said that the Italian Constitution