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Law, Violence and Constituent Power - The Law, Politics And History Of Constitution Making (Paperback)
Loot Price: R1,237
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Law, Violence and Constituent Power - The Law, Politics And History Of Constitution Making (Paperback)
Series: Comparative Constitutional Change
Expected to ship within 12 - 17 working days
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This book challenges traditional theories of constitution-making to
advance an alternative view of constitutions as being founded on
power which rests on violence. The work argues that rather than the
idea of a constitution being the result of political participation
and deliberation, all power instead is based on violence. Hence the
creation of a constitution is actually an act of coercion, where,
through violence, one social group is able to impose itself over
others. The book advocates that the presence of violence be used as
an assessment of whether genuine constitutional transformation has
taken place, and that the legitimacy of a constitutional order
should be dependent upon the absence of killing. The book will be
essential reading for academics and researchers working in the
areas of constitutional law and politics, legal and political
theory, and constitutional history.
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