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Books > Law > Jurisprudence & general issues > Comparative law
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Adjudicating Revolution - Courts and Constitutional Change (Hardcover)
Loot Price: R2,951
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Adjudicating Revolution - Courts and Constitutional Change (Hardcover)
Series: Elgar Monographs in Constitutional and Administrative Law
Expected to ship within 10 - 15 working days
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Lawyers usually describe a revolution as a change in a
constitutional order not authorized by law. From this perspective,
to speak of a 'lawful' or an 'unlawful' revolution would seem to
involve a category mistake. However, since at least the 19th
century, courts in many jurisdictions have had to adjudicate claims
involving questions about the extent to which what is in fact a
revolutionary change can result in the creation of a legally valid
regime. In this book, the authors examine some of these judgments.
Adjudicating Revolution includes, first, cases in which courts
decide to recognize the actions of a de facto regime under a
doctrine of necessity, with the objective of maintaining public
order. Second, cases where courts directly confront the question of
whether a revolution has resulted in the creation of a genuinely
new constitutional order. Finally, cases in which courts are asked
by state officials to recognize, in advance, the validity of
otherwise revolutionary changes (i.e. the irregular creation of a
new constitution) proposed by state officials. The book examines,
from a theoretical and comparative perspective, judgments from
North and Latin America, Europe, Asia, and Africa. Placing the
cases in their historical and political context, the authors
provide an understanding of key moments in the constitutional
history of the relevant jurisdictions. The resulting analysis will
be of interest to academics and graduate students of comparative
constitutional law and constitutional theory, political science,
and related disciplines.
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