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Constitutionalism, Legitimacy, and Power - Nineteenth-Century Experiences (Hardcover)
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Constitutionalism, Legitimacy, and Power - Nineteenth-Century Experiences (Hardcover)
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If one counts the production of constitutional documents alone, the
nineteenth century can lay claim to being a 'constitutional age';
one in which the generation and reception of constitutional texts
served as a center of gravity around which law and politics
consistently revolved. This volume critically re-examines the role
of constitutionalism in that period, in order to counter
established teleological narratives that imply a consistent
development from absolutism towards inclusive, participatory
democracy. Various aspects of constitutional histories within and
outside of Europe are examined from a comparative, transnational,
and multidisciplinary historical perspective, organized around five
key themes. The first part looks at constitutions as
anti-revolutionary devices, and addresses state building,
monarchical constitutionalism, and restorations. The second part
takes up constitutions and the justification of new social
inequalities, focusing on women's suffrage, human rights, and
property. The third part uses individual country studies to take on
questions of how constitutions served to promote nationalism. The
use of constitutions as instruments of imperialism is covered in
the fourth part, and the final part examines the ways that
constitutions function simultaneously as legal and political texts.
These themes reflect a certain skepticism regarding any easy
relationship between stated constitutional ideals and enacted
constitutional practices. Taken together, they also function as a
general working hypothesis about the role of constitutions in the
establishment and maintenance of a domestically and internationally
imbalanced status quo, of which we are the present-day inheritors.
More particularly, this volume addresses the question of the extent
to which nineteenth-century constitutionalism may have set the
stage for new forms of domination and discrimination, rather than
inaugurating a period of 'progress' and increasing equality.
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