Law, Violence and Constituent Power: The Law, Politics And History Of Constitution Making

Author:   Héctor López Bofill
Publisher:   Taylor & Francis Ltd
ISBN:  

9780367516734


Pages:   258
Publication Date:   09 January 2023
Format:   Paperback
Availability:   In Print   Availability explained
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Law, Violence and Constituent Power: The Law, Politics And History Of Constitution Making


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Full Product Details

Author:   Héctor López Bofill
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Weight:   0.390kg
ISBN:  

9780367516734


ISBN 10:   036751673
Pages:   258
Publication Date:   09 January 2023
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print   Availability explained
This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us.

Table of Contents

Introduction. Violence And Foundation Chapter One - Methodological Considerations Chapter Two - The Concept Of Constituent Power And The Concept Of Constitution Chapter Three Violence And Constituent Power In The Creation Of The American Republic Chapter Four - Constituent Power Without ‘We The People’: The Foundation Of The Federal Republic Of Germany Chapter Five - ‘New Constitutionalism’ And The Emergence Of Constituent Power In Some Recent Experiences Conclusions

Reviews

Hector Lopez Bofill's offers a powerful argument showing that all states and instances of true constitutional transformation (including those that have led to liberal constitutional orders), have at their origin episodes of violence and death. His book is a historically and theoretically informed analysis, traversing multiple jurisdictions, that directly challenges contemporary approaches to popular constitution-making . Joel Colon-Rios Supported on an astounding command of contemporary debates in constitutional and political theory, Lopez Bofill reconstructs the origins of old and new constitutional democracies from an unsettling perspective. This is indeed a worthy read that will provide insight and food for thought to analysts of constitutional matters worldwide. Francesca Maria Pou, ITAM (Mexico City) Hector Lopez Bofill's offers a powerful argument showing that all states and instances of true constitutional transformation (including those that have led to liberal constitutional orders), have at their origin episodes of violence and death. His book is a historically and theoretically informed analysis, traversing multiple jurisdictions, that directly challenges contemporary approaches to popular constitution-making . Joel Colon-Rios Supported on an astounding command of contemporary debates in constitutional and political theory, Lopez Bofill reconstructs the origins of old and new constitutional democracies from an unsettling perspective. This is indeed a worthy read that will provide insight and food for thought to analysts of constitutional matters worldwide. Francesca Maria Pou, ITAM (Mexico City) In Law, Violence and Constituent Power: The Law, Politics and History of Constitution Making, Hector Lopez Bofill hits the nail in the head, focusing on the link between violence and the legitimacy of the creation of constitutional orders in liberal democracies. This is an important exploration ranging from the various theories of constituent power to older and newer constitution-making instances. While most studies on constitution-making seek to focus on the issue of popular sovereignty, Lopez Bofill shifts the focus to the struggles for domination and political power. A fascinating journey, recommended for anyone -lawyers, political scientists or historians - interested in constituent power and constitution-making. Yaniv Roznai, Associate Professor, Harry Radzyner Law School. 'Hector Lopez Bofill has written an important book on an important and controversial topic: the place of violence in constitution-making processes. I strongly recommend reading it to continue an open conversation on the subject, full of agreements and disagreements- a conversation in which we must persist, in pursuit of a better and more just coexistence.' Roberto Gargarella.


Author Information

Hèctor López Bofill Is Associate Professor in Constitutional Law at Pompeu Fabra University. He has written eight books and more than 20 articles in the field of constitutional theory, fundamental rights, federalism, secessionism and judicial review of legislation. He is also a writer in Catalan language. He has published five poetry books and five novels which have received several awards.

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