Revolutionary Constitutions

Revolutionary Constitutions
Author: Bruce Ackerman
Publisher: Harvard University Press
Total Pages: 432
Release: 2019-05-13
Genre: Political Science
ISBN: 0674238842

Offering insights into the origins, successes, and threats to revolutionary constitutionalism, Bruce Ackerman takes us to India, South Africa, Italy, France, Poland, Burma, Israel, Iran, and the U.S. and provides a blow-by-blow account of the tribulations that confronted popular movements in their insurgent campaigns for constitutional democracy.

The Revolutionary Constitution

The Revolutionary Constitution
Author: David J. Bodenhamer
Publisher: Oxford University Press
Total Pages: 292
Release: 2012-02-01
Genre: History
ISBN: 019991303X

The framers of the Constitution chose their words carefully when they wrote of a more perfect union--not absolutely perfect, but with room for improvement. Indeed, we no longer operate under the same Constitution as that ratified in 1788, or even the one completed by the Bill of Rights in 1791--because we are no longer the same nation. In The Revolutionary Constitution, David J. Bodenhamer provides a comprehensive new look at America's basic law, integrating the latest legal scholarship with historical context to highlight how it has evolved over time. The Constitution, he notes, was the product of the first modern revolution, and revolutions are, by definition, moments when the past shifts toward an unfamiliar future, one radically different from what was foreseen only a brief time earlier. In seeking to balance power and liberty, the framers established a structure that would allow future generations to continually readjust the scale. Bodenhamer explores this dynamic through seven major constitutional themes: federalism, balance of powers, property, representation, equality, rights, and security. With each, he takes a historical approach, following their changes over time. For example, the framers wrote multiple protections for property rights into the Constitution in response to actions by state governments after the Revolution. But twentieth-century courts--and Congress--redefined property rights through measures such as zoning and the designation of historical landmarks (diminishing their commercial value) in response to the needs of a modern economy. The framers anticipated just such a future reworking of their own compromises between liberty and power. With up-to-the-minute legal expertise and a broad grasp of the social and political context, this book is a tour de force of Constitutional history and analysis.

Constitutional Revolution

Constitutional Revolution
Author: Gary Jeffrey Jacobsohn
Publisher: Yale University Press
Total Pages: 382
Release: 2020-05-01
Genre: Political Science
ISBN: 0300252889

Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a “constitutional moment” may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an extended period. The “moment” may have been under way for decades—or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change.

The First American Constitutions

The First American Constitutions
Author: Willi Paul Adams
Publisher: Rowman & Littlefield
Total Pages: 406
Release: 2001
Genre: History
ISBN: 9780742520691

For the last twenty years this book has been cited by every serious writer on early American constitutional development. Any constitutional history of the independent United States must begin with this comprehensive study. Professor Adams combines a European perspective and a thorough knowledge of the antecedents of 1787 to create an insightful analysis of the replacement by the revolutionary generation of one government by another by--they thought--"constitutional" means. Acting for "the people" in 11 of the 13 rebelling states, various kinds of self-empowered committees, "congresses," or "conventions" created new constitutions and a system in which the states dominated over the weaker Confederation government. This volume contains two new chapters: one demonstrating precedents in the state constitutions for the U.S. Constitution, and another chapter critically testing the "republicanism over liberalism" thesis against political ideas and institutional arrangements that constitute the first state constitutions. The bibliography has been updated to include the rich body of work written during the last two decades, much of it indebted to this pioneering study.

Revolutionary Constitutionalism

Revolutionary Constitutionalism
Author: Richard Albert
Publisher: Bloomsbury Publishing
Total Pages: 304
Release: 2020-04-02
Genre: Law
ISBN: 1509934596

This book, the result of a major international conference held at Yale Law School, contains contributions from leading scholars in public law who engage critically with Bruce Ackerman's path-breaking book, Revolutionary Constitutions: Charismatic Leadership and the Rule of Law. The book also features a rebuttal chapter by Ackerman in which he responds directly to the contributors' essays. Some advance Ackerman's theory, others attack it, and still others refine it – but all agree that the ideas in his book reset the terms of debate on the most important subjects in constitutionalism today: from the promise and perils of populism to the causes and consequences of democratic backsliding, from the optimal models of constitutional design to the forms and limits of constitutional amendment, and from the role of courts in politics to how we identify when the mythical 'people' have spoken. A must-read for all interested in the current state of constitutionalism.

Power and Liberty

Power and Liberty
Author: Gordon S. Wood
Publisher: Oxford University Press
Total Pages: 241
Release: 2021-08-02
Genre: History
ISBN: 0197546935

New York Times bestseller and Pulitzer Prize-winning author Gordon S. Wood elucidates the debates over the founding documents of the United States. The half century extending from the imperial crisis between Britain and its colonies in the 1760s to the early decades of the new republic of the United States was the greatest and most creative era of constitutionalism in American history, and perhaps in the world. During these decades, Americans explored and debated all aspects of politics and constitutionalism--the nature of power, liberty, representation, rights, the division of authority between different spheres of government, sovereignty, judicial authority, and written constitutions. The results of these issues produced institutions that have lasted for over two centuries. In this new book, eminent historian Gordon S. Wood distills a lifetime of work on constitutional innovations during the Revolutionary era. In concise form, he illuminates critical events in the nation's founding, ranging from the imperial debate that led to the Declaration of Independence to the revolutionary state constitution making in 1776 and the creation of the Federal Constitution in 1787. Among other topics, he discusses slavery and constitutionalism, the emergence of the judiciary as one of the major tripartite institutions of government, the demarcation between public and private, and the formation of states' rights. Here is an immensely readable synthesis of the key era in the making of the history of the United States, presenting timely insights on the Constitution and the nation's foundational legal and political documents.

American Revolution

American Revolution
Author: Charles Howard McIlwain
Publisher: e-artnow
Total Pages: 88
Release: 2022-01-04
Genre: History
ISBN:

American Revolution is a Pulitzer Prize awarded history which deals with legal and political aspects of the American Revolution. The American Revolution began and ended with the political act or acts by which British sovereignty over the thirteen English colonies in North America was definitely repudiated. All else was nothing but cause or effect of this act. Of the causes, some were economic, some social, others constitutional. But the Revolution itself was none of these; not social, nor economic, nor even constitutional; it was a political act, and such an act cannot be both constitutional and revolutionary; the terms are mutually exclusive. So long as American opposition to alleged grievances was constitutional it was in no sense revolutionary. The moment it became revolutionary it ceased to be constitutional. When was that moment reached? The Problem The Precedents The Realm and the Dominions The Precedents Natural and Fundamental Law Taxation and Virtual Representation The Charters

The U.S. Constitution

The U.S. Constitution
Author: David J. Bodenhamer
Publisher: Oxford University Press
Total Pages: 168
Release: 2018
Genre: History
ISBN: 0195378326

The U.S. Constitution: A Very Short Introduction explores the major themes of American constitutional history --federalism, the balance of powers, property, representation, equality, and security -- and illustrates how the Constitution has served as a dynamic framework for legitimating power and advancing liberty.

Law and Revolution

Law and Revolution
Author: Nimer Sultany
Publisher: Oxford University Press
Total Pages: 417
Release: 2017
Genre: History
ISBN: 0198768893

What is the effect of revolutions on legal systems? What role do constitutions play in legitimating regimes? How do constitutions and revolutions converge or clash? Taking the Arab Spring as its case study, this book explores the role of law and constitutions during societal upheavals, and critically evaluates the different trajectories they could follow in a revolutionary setting. The book urges a rethinking of major categories in political, legal, and constitutional theory in light of the Arab Spring. The book is a novel and comprehensive examination of the constitutional order that preceded and followed the Arab Spring in Egypt, Tunisia, Libya, Morocco, Jordan, Algeria, Oman, and Bahrain. It also provides the first thorough discussion of the trials of former regime officials in Egypt and Tunisia. Drawing on a wide range of primary sources, including an in-depth analysis of recent court rulings in several Arab countries, the book illustrates the contradictory roles of law and constitutions. The book also contrasts the Arab Spring with other revolutionary situations and demonstrates how the Arab Spring provides a laboratory for examining scholarly ideas about revolutions, legitimacy, legality, continuity, popular sovereignty, and constituent power.

The Annotated U.S. Constitution and Declaration of Independence

The Annotated U.S. Constitution and Declaration of Independence
Author: Jack N. Rakove
Publisher: Harvard University Press
Total Pages: 367
Release: 2009-11-30
Genre: History
ISBN: 0674036069

A Pulitzer Prize-winning historian serves as a guide to the U.S. Constitution and Declaration of Independence, providing historical contexts and offering interpretive commentary.