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Books > Humanities > Philosophy > Topics in philosophy > Social & political philosophy
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The Law and Legitimacy of Imposed Constitutions (Paperback)
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The Law and Legitimacy of Imposed Constitutions (Paperback)
Series: Comparative Constitutional Change
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Constitutions are often seen as the product of the free will of a
people exercising their constituent power. This, however, is not
always the case, particularly when it comes to 'imposed
constitutions'. In recent years there has been renewed interest in
the idea of imposition in constitutional design, but the literature
does not yet provide a comprehensive resource to understand the
meanings, causes and consequences of an imposed constitution. This
volume examines the theoretical and practical questions emerging
from what scholars have described as an imposed constitution. A
diverse group of contributors interrogates the theory, forms and
applications of imposed constitutions with the aim of refining our
understanding of this variation on constitution-making. Divided
into three parts, this book first considers the conceptualization
of imposed constitutions, suggesting definitions, or corrections to
the definition, of what exactly an imposed constitution is. The
contributors then go on to explore the various ways in which
constitutions are, and can be, imposed. The collection concludes by
considering imposed constitutions that are currently in place in a
number of polities worldwide, problematizing the consequences their
imposition has caused. Cases are drawn from a broad range of
countries with examples at both the national and supranational
level. This book addresses some of the most important issues
discussed in contemporary constitutional law: the relationship
between constituent and constituted power, the source of
constitutional legitimacy, the challenge of foreign and expert
intervention and the role of comparative constitutional studies in
constitution-making. The volume will be a valuable resource for
those interested in the phenomenon of imposed constitutionalism as
well as anyone interested in the current trends in the study of
comparative constitutional law.
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