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Journal articles on the topic 'Constitutinal history'

Author: Grafiati

Published: 28 July 2024

Last updated: 30 July 2024

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1

Chimborazo, Andrés, and Xavier Vilcacundo. "LOS CONTROLES Y BALANCES EN LA HISTORIA CONSTITUCIONAL ECUATORIANA." Revista de Investigación Enlace Universitario 20, no. 1 (June 30, 2021): 45–56. http://dx.doi.org/10.33789/enlace.20.1.84.

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El Ecuador ha tenido a lo largo de su historia veintiún Constituciones. Los diferentes textos constitucionales que han sido promulgados trajeron consigo una serie de malformaciones respecto a la estructura del Estado. La división de poderes estaba establecida sin un efectivo sistema de controles y balances en el poder público. Las diferentes funciones del Estado ecuatoriano han sido facultadas constitucionalmente para ejercer el control referente a otra, sin embargo, dicho control no ha sido el adecuado debido a las coyunturas políticas a las que han estado ligadas. Cada Constitución ha sido modificada de manera que a cada gobierno de turno le resulte posible conservar el orden democrático estatal. En ese orden de ideas se ha observado que las falencias constitucionales han dado pie a diferentes atentados a la democracia y estabilidad institucional tornando al Estado, ingobernable. En el presente tema se realizó un análisis histórico observando el enfoque que se le ha dado a cada una de las Constituciones ecuatorianas sobre todo aquellas que han estado vigentes al momento de una interrupción al orden democrático. Por las consideraciones anteriores es pertinente señalar que la Constitución ecuatoriana ha sido cómplice de las actuaciones que traen consigo su propio perjuicio, contempla en su esencia su propio altercado.

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2

Bonsteel Tachau, M. K. "Reclaiming Constitutional History." OAH Magazine of History 3, no. 1 (January 1, 1988): 2–6. http://dx.doi.org/10.1093/maghis/3.1.2.

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3

Akramova, Yulduz U. "CONSTITUTIONAL REVOLUTION IN IRAN." International Journal Of History And Political Sciences 03, no. 01 (January 1, 2023): 1–5. http://dx.doi.org/10.37547/ijhps/volume03issue01-01.

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The article reveals the essence of the constitutional revolution, which left a huge mark in the history of the Iranian state and lasted for a long time. The mistakes of the Qajar dynasty in domestic and foreign policy; the irreparable blow of foreign countries and capitals to Iran's economy; not only in the economic sphere, but also in management issues, there is talk of increasing dependence on foreign countries. Despite the fact that it was the first revolution in the history of Iran, it was a revolution that spread to a wide area and caused great changes in the life of the state administration. The reasons, results, achievements and shortcomings of this revolution, which achieved great positive growth and changes in the history of Iran during the years 1905-1911, are discussed below.

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4

GLASS, MAEVE. "4. THEORIZING CONSTITUTIONAL HISTORY." History and Theory 60, no. 2 (June 2021): 331–46. http://dx.doi.org/10.1111/hith.12210.

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5

Levy, Leonard W. "Constitutional history, 1776–1789." Society 24, no. 1 (November 1986): 30–39. http://dx.doi.org/10.1007/bf02695934.

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6

Cvetković, Aleksandar. "Constitutional history as an independent discipline?" Arhiv za pravne i drustvene nauke 11, no. 1 (2023): 61–80. http://dx.doi.org/10.5937/adpn2301061c.

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The constitutional history never had the status of an independent discipline on faculties of law in Serbia. On the other hand, there are a few synthesis in Serbian and in English with monographic characteristics regarding the constitutional history of Serbia. Occasionally there are some concerning the entire constitutional history, but most of them are about 19th century. Some of those monographs are analyzed in this paper: the works of Slobodan Jovanović regarding 19th century constitutional history of Serbia 'Constitutional Development and Constitutional Fights in Serbia' by Jaša Prodanović, 'The Development of Parliamentary Government in Serbia' by Alex Dragnich and 'Constitutional history of Serbia' by Dragoljub Popović. In consideration are taken a few Serbian Constitutional law textbooks which traditionally contain general as well as national constitutional history. Those works are taken as examples for analyzing the possibility of constitutional history being an independent discipline. It was done through an indirect approach, by analyzing the monographic works, that is, the synthesis of constitutional history of Serbia in 19th century. This paper doesn't give a review of the content of the abovementioned works but a review of the methodological approach used by its authors. Although the constitutional history was never considered as an independent discipline on faculties of law in Serbia, the assumption is that it has its own subject and specific methodological approach. All the works that have been the subject of analysis show a certain methodological specifics. However, the authors do not explicitly state their methodological approach. For example, Slobodan Jovanović distinctly says that he writes about the constitutional history and states some notions in regards to a potential subject of that discipline which he understands it to be quite broadly. The analysis of Jaša Prodanović and Alex Dragnich are predominantly based on chronological approach, whereas the analysis of Dragoljub Popović are based on chronological and thematic approach. The conclusion is that the constitutional history lays between the use of the historical method and the method of the constitutional law. And, as there can't be an understanding of constitutional legal phenomenon without its overall comprehension which includes not only the analyze of the constitutional norms but also the 'life' of those norms, their practical shaping, neither can constitutional history be limited to merely give a description of the constitutional norms which existed in the past. Constitutional history must leap into the past and understand which conditions lead to certain ideas or were of great significance in shaping the political institutions. Hence, the subject of constitutional history, at first glance, can be seen as unspecified. However the subject is clear, and a successful result requires a perception of the subject of constitutional history from various perspectives.

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7

김자영, 김경래, and 전진현. "A Study on the Constitutional Education Using Constitutional History." Journal of Law-Related Education 10, no. 1 (April 2015): 17–42. http://dx.doi.org/10.29175/klrea.10.1.201504.17.

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8

Allen, Austin, and John Remington Graham. "A Constitutional History of Secession." Journal of Southern History 70, no. 1 (February 1, 2004): 151. http://dx.doi.org/10.2307/27648342.

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9

Qujaukitsoq, Vittus. "The Constitutional History of Greenland." Yearbook of Polar Law Online 11, no. 1 (April 3, 2020): 11–14. http://dx.doi.org/10.1163/22116427_011010004.

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10

Han, Chang-hyun, and Bong-Hyo Lee. "Korean Constitutional Acupuncture: History, Theory." Integrative Medicine Research 4, no. 1 (May 2015): 53. http://dx.doi.org/10.1016/j.imr.2015.04.038.

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11

van Caenegem, R. C. "Constitutional History: Chance or Grand Design?" European Constitutional Law Review 5, no. 3 (October 2009): 447–63. http://dx.doi.org/10.1017/s1574019609004477.

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Two interpretations of constitutional history: product of chance or of design – Written v. unwritten constitutions – Political and historical backdrop of constitutional development – Evolution of interpretation of specific constitutional texts – Chances of a global constitution

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12

van Nifterik, Gustaaf. "French Constitutional History, Garden or Graveyard?" European Constitutional Law Review 3, no. 3 (October 2007): 476–87. http://dx.doi.org/10.1017/s1574019607004762.

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On 29 May 2005 the French said no to the draft of a European Constitution. And frankly, the French should know about constitutions! One can differ whether the history of France should be considered a fruitful garden of constitutional thought, a graveyard of constitutional experiments, a ‘musée des constitutions’, or a minefield; in any case it is beyond doubt that the French are rather experienced in constitutions and constitutional changes. Since the French Revolution in 1789, France has been a monarchy, a republic more than once, an empire twice and a constitutional monarchy in between; the nineteenth century shows the pattern monarchy, republic, empire; since 1958 the French live in their Fifth Republic.There is a lot to learn from the constitutional history (perhaps struggle is a better word in this context) of this important European country for any political entity in search of a proper constitution. Which constitutional institutions were a success, which were not; why did it or did it not work out the way it was planned?

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13

Hee Kyung Suh. "The Constitutional History of Korea and Constitutional Amendment in 1954." Journal of Korean Political and Diplomatic History 35, no. 2 (February 2014): 73–102. http://dx.doi.org/10.18206/kapdh.35.2.201402.73.

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14

Irkliienko, А. І. "The Constitutional Court in Austria: history and modernity." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 58–61. http://dx.doi.org/10.24144/2788-6018.2022.05.10.

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It has been found that the organization of the internal political life of the state, as well as nature and direction of its foreign policy is largely determined by the state system and political system of this state. Austria – a democratic legal state based on a principle of the supremacy of the constitution. The foundation of all actions of state authorities – legislative, judicial and executive, including government, – laid down in the constitution, that is, they must correspond to the constitution. In order for the supremacy of the constitution to exist not only on paper, but also to operate in practice, a democratic constitutional state needs institutions, which really ensure the priority of the constitution. The Constitutional Court is the most important from these institutions. It is «a guardian of the Constitution». The most important task of the Constitutional Court is to check the constitutional laws and cancel in case of inconsistency with the constitution. The Constitutional Court in Austria is the oldest one in the world (founded in 1920). Constitution of Austria became the first constitution in the world, which provided for the creation of a constitutional court. The Constitutional Court in Austria deals with issues of compliance of newly issued laws with the country’s constitution, resolves disputes between the region territories and between the region territories and the federal center. The Constitutional Court is the most important guarantor of the observance of the basic rights and freedoms of every citizen in relation to the state. It has been distinguished three stages, during which the responsibilities on formation the Constitutional Court in Austria were fixed. At the first stage, the Constitutional Court formed the Parliament and the reduction of party influence on the Constitutional Court, which achieved independence from the executive power, took place. At the second stage, powers regarding the formation of the Constitutional Court passed to the executive power, which contributed to the establishment of authoritarianism. At the third stage, the balance between the interests of executive and legislative powers was achieved in the formation of the Constitutional Court, which ensured the independence of judges. Comparing methods of formation of the Constitutional court in Austria, there is a noticeable tendency to strengthen the role of the executive power in the formation of the Constitutional Court and the achievement of parity of powers regarding its formation between the executive and legislative powers.

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15

Badian, E., and R. E. Allen. "The Attalid Kingdom: A Constitutional History." American Historical Review 90, no. 1 (February 1985): 112. http://dx.doi.org/10.2307/1860762.

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16

Mann, Bruce H. "The Multiple Constitutions of Constitutional History." Law and History Review 16, no. 2 (1998): 387–90. http://dx.doi.org/10.2307/744106.

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One of my few unrepressed childhood memories is of a high-school field trip to the Massachusetts State House in Boston. The docent, a hapless but not entirely innocent volunteer, addressed us in a tone of perky condescension usually reserved for precocious six-year-olds. Thus, when he stood before an object of local veneration—the state constitution of 1780, I think, or perhaps one of the royal charters—and clucked, “Now class, does anyone know what ‘constitution’ means?,” it was with casual adolescent malice that a voice from the back answered, “Yeah, it has something to do with metabolism.”

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17

Rush, Michael. "Constitutional History of the United Kingdom." Representation 41, no. 2 (January 2005): 127–28. http://dx.doi.org/10.1080/00344890508523297.

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18

Wexler, Jay. "The Contract Clause: A Constitutional History." Journal of Interdisciplinary History 48, no. 3 (November 2017): 415–17. http://dx.doi.org/10.1162/jinh_r_01179.

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19

Nelson, William E. "History and Neutrality in Constitutional Adjudication." Virginia Law Review 72, no. 7 (October 1986): 1237. http://dx.doi.org/10.2307/1073091.

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20

Bartee, Wayne C. "Constitutional History of the United Kingdom." History: Reviews of New Books 32, no. 3 (January 2004): 103. http://dx.doi.org/10.1080/03612759.2004.10528666.

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21

Levaggi, Abelardo. "Three Matters Concerning Argentine Constitutional History." Rechtsgeschichte - Legal History 2010, no. 16 (2010): 082–84. http://dx.doi.org/10.12946/rg16/082-084.

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22

Barak-Erez, Daphne. "History and Memory in Constitutional Adjudication." Federal Law Review 45, no. 1 (March 2017): 1–16. http://dx.doi.org/10.1177/0067205x1704500101.

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This article considers the different ways in which judicial decisions use and narrate history. It distinguishes between several forms of judicial recourse to history, including the difference between decisions which refer to general history and decisions that refer to the history of legal documents; and the difference between decisions on factual controversies that have historical significance and decisions that take judicial notice of history. At the same time, this article recognises that the division between these categories is not clear-cut. An analysis of constitutional case law sheds light on the ways in which courts harness historical events in order to justify their normative choices. More specifically, while some judicial decisions cite history in order to justify continuity with the past, others regard history as a cautionary tale that calls for a change of direction. In between, some decisions opt for a middle route, supporting continuity with historical decisions but offering new interpretations of their lessons. This article concludes by examining decisions that try to ‘learn’ from history, illuminating the enduring challenge in drawing different and even conflicting lessons from the very same historical event.

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23

Hein, Michael. "Entrenchment Clauses in the History of Modern Constitutionalism." Tijdschrift voor rechtsgeschiedenis 86, no. 3-4 (December 5, 2018): 434–81. http://dx.doi.org/10.1163/15718190-08634p06.

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SummaryThis article examines the origins, differentiation, and migration of constitutional entrenchment clauses from the beginning of modern constitutionalism until today. It is based on a broad understanding of ‘entrenchment clauses,’ covering all constitutional provisions that make amendments either to certain parts of a constitution or under certain circumstances more difficult to achieve than ‘normal’ amendments or even impossible, i.e., legally inadmissible. In particular, the article answers three questions: (1) When, and in which contexts, did the different types of constitutional entrenchment clauses emerge? (2) How have these types spread globally? (3) Which constitutional subjects do such clauses protect, and thus, which main functions do they aim to fulfill? The article is based on the new and unique Constitutional Entrenchment Clauses Dataset (CECD), which comprises 860 written national constitutions worldwide from 1776 until the end of 2015.

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24

Ross, Michael, and Keith E. Whittington. "Constitutional Construction: Divided Powers and Constitutional Meaning." Journal of Southern History 67, no. 1 (February 2001): 167. http://dx.doi.org/10.2307/3070106.

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25

Pleskach, V. Y. "History of establishment and features of constitutional control in Estonia." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 110–14. http://dx.doi.org/10.24144/2788-6018.2023.01.18.

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Ukraine has chosen for itself the European model of centralized constitutional control, which implies creation of a separate Constitutional Court to resolve cases on the constitutionality of laws and some other legal acts. Of course, this model is not unique is also not the only one in the organization of constitutional control among those used in Europe. One of the most attention-grabbing alternative options for the organization of constitutional control is the Estonian model - which, although it is similar to those countries where disputes about the constitutionality of laws are resolved by courts of general jurisdiction (or only by the Supreme Court), is nevertheless unique in many ways. The article examines the factors that influenced Estonia's development of its unique approach to the organization of constitutional control, as well as an analysis of the possibility and expediency of transferring this experience to countries with already existing constitutional control, where the Constitutional Court operates. In particular, to begin with, the history of the development of the judicial system in Estonia in the 20th century was considered. Immediately after this country gained independence, its first Constitution was adopted, which became the basis for the birth of constitutional control in Estonia. The article also examines the peculiarities of the procedure for reviewing constitutionality of laws in Estonia by courts of all levels (including the Supreme Court) under the current legislation. A separate subject of attention in the article is the discussion that has been going on for a long time in Estonia about the necessity and expediency of depriving the Supreme Court of its powers to exercise constitutional control with the formation of the Constitutional Court as a separate body. The key arguments put forward by both supporters and opponents of the changes have been considered. According to the results of the study, possible risks for the Supreme Court and the mandate of its judges, which may be accompanied by the transfer of the Estonian experience in the organization of constitutional control to countries where there is a separate Constitutional Court, are highlighted. The relevance of the study is due to the fact that despite the lively interest in the unique features of the organization of the Estonian judicial system, due to the language barrier, the question of the history of the formation of the Supreme Court of Estonia as a body of constitutional control escapes the attention of researchers.

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Kruzslicz, Péter Pál. "History by and for a National Constitution: The Example of the Hungarian Fundamental Law." Law, Identity and Values 3, no. 1 (June 28, 2023): 145–58. http://dx.doi.org/10.55073/2023.1.145-158.

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The Fundamental Law of Hungary can serve as a very particular, even though not exceptional, especially in Central European region, example for studying the relationship between history and constitution. With two recent events, this study highlights the timely interest for that matter in Hungarian constitutional law. Also, from the beginning, it renders that history and constitutionalism are closely linked in many aspects, already by the definition of constitutional law. In order to be able to analyse in a very complex Hungarian constitutional context the role of history, first, a methodological problem is solved: a clear distinction is made between past, history and memory – also with the help of the two introductive cases. Second, two risks more for the interpretation of history with regards to constitutional law are recalled: the danger of anachronism and the bad influence of historical interruptions. Especially, the second one is identified as a main factor of impact on the Hungarian constitutionalism when handling historical objects or being simply subject to history. Finally, the relation between past, history, and memory with the Fundamental Law of Hungary is described. On one hand, historical narrative plays an identity-creating role, and as such with constitutional symbols but also the symbolic narrative on national history offered by the Fundamental Law, it is a source of legitimacy in the framework of the Hungarian state. On another hand, the so-call historical constitution brings history to the level of constitutional sources even though in a very abstract and indirect way: the achievements of this historical constitution are to be used as guidelines for constitutional interpretation.

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McKean, Robert B. "Constitutional Russia." Revolutionary Russia 9, no. 1 (June 1996): 33–42. http://dx.doi.org/10.1080/09546549608575645.

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28

Hatzenbuehler, Ronald L., and Sanford Levinson. "Constitutional Faith." Journal of Southern History 56, no. 2 (May 1990): 347. http://dx.doi.org/10.2307/2210251.

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29

Bzova, L., and A. Pankratova. "History and systems of control of constitutionality: international experience." Uzhhorod National University Herald. Series: Law 1, no. 75 (March 22, 2023): 71–74. http://dx.doi.org/10.24144/2307-3322.2022.75.1.11.

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This article examines the historical evolution of constitutionality control, its concept and its various systems. In the study of modern constitutionalism, the topic of constitutional control, especially from the side of constitutional jurisdiction exercised by constitutional courts, is gaining more and more strength. The control of constitutionality is the supervision of the compatibility of regulatory acts with the constitutional text. From supremacy and constitutional centrality, any laws, to remain valid in the national legal system, must maintain respect, formal and substantive, for the constitutional text. It is at this moment that constitutionality control, which is carried out diffusely by various bodies of judicial power, comes into play. The idea of constitutional review is related to the supremacy of the Constitution over the entire legal system, as well as constitutional rigor and protection of fundamental rights. The existence of normative escalation is a necessary prerequisite for constitutional supremacy, since, occupying the constitution of the hierarchy of the normative system, it is in it that the legislator will find the form of legislative development and its content. Moreover, in countries that have a strict Constitution, that is, those that provide for their own amendment a more serious legislative procedure than is provided for by ordinary laws, a kind of regulatory pyramid is established, at the top of which is the Constitution. Therefore, the control of constitutionality is a guarantee of the supremacy of basic rights and guarantees provided by the Constitution, which, in addition to setting the boundaries of state power, is also part of the legitimacy of the state itself, defining its duties and enabling the democratic process under the rule of law. Control of constitutionality means checking the perfect adequacy of the law or normative act of the Constitution, checking its formal and material requirements. This is always a comparative examination between a legislative or regulatory act and the Constitution. From this we can say that any legislative or regulatory act that contradicts the Basic Law of the organization of the state must be declared unconstitutional.

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Mark, Gregory A., William Lee Miller, and David M. Rabban. "Forgotten Constitutional History: The Production and Migration of Meaning within Constitutional Cultures." Michigan Law Review 97, no. 6 (May 1999): 1673. http://dx.doi.org/10.2307/1290224.

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31

Hofstätter, Christoph. "Transitional periods in the history of the Austrian Constitutional Court." International and Comparative Law Review 20, no. 1 (June 1, 2020): 283–92. http://dx.doi.org/10.2478/iclr-2020-0013.

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SummaryThe paper deals with the long and rich history of the Austrian Constitutional Court. It focuses on the role of the Austrian Constitutional Court in times of political transitions. As written version of a lecture held in Sousse (Tunisia) it tends to outline the impact a constitutional court could have on a young democracy’s political system.

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32

Heo, Wan-Jung. "The starting point of Korean constitutional history." Korean Constitutional Law Association 26, no. 4 (December 31, 2020): 1–53. http://dx.doi.org/10.35901/kjcl.2020.26.4.1.

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White, G. Edward. "The Arrival of History in Constitutional Scholarship." Virginia Law Review 88, no. 3 (May 2002): 485. http://dx.doi.org/10.2307/1073979.

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Kurtović, Rejhan. "Constitutional history of protection of national minorities." Megatrend revija 15, no. 3 (2018): 65–80. http://dx.doi.org/10.5937/megrev1801065k.

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35

HARITONOVA, Olympiad Nikolaevna, and Anisa Aslanbekovna POPANOVA. "CONSTITUTIONAL PROCEEDINGS IN RUSSIA: HISTORY AND MODERNITY." Право и государство: теория и практика, no. 3 (2021): 127–28. http://dx.doi.org/10.47643/1815-1337_2021_3_127.

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Nunes, Diego. "Academic Freedom in the Brazilian Constitutional History." Historia Constitucional, no. 22 (September 4, 2021): 791–809. http://dx.doi.org/10.17811/hc.v0i22.657.

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This work aims to analyse the principle of academic freedom in Brazilian constitutionalism, throught the lens of Legal History, to understand when this specific rule became part of the set of fundamental rights in Brazil. To do this I will present the parliamentary debates in the Constitutional Assembly in 1934 when it was first mentioned, and the thoughts of certain legal scholars on the subject in the comments on Brazilian constitutions. As results, I present some contemporary issues where this historical approach can be useful. Enviado el (Submission Date): 18/04/2020 Aceptado el (Acceptance Date): 23/06/2020

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37

Forbath, William E. "Constitutional Change and the Politics of History." Yale Law Journal 108, no. 8 (June 1999): 1917. http://dx.doi.org/10.2307/797376.

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Moglen, Eben, and Owen M. Fiss. "Holmes's Legacy and the New Constitutional History." Harvard Law Review 108, no. 8 (June 1995): 2027. http://dx.doi.org/10.2307/1341952.

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Fernández Sarasola, Ignacio. "Models of constitutional amendment in Spanish history." International Journal of Human Rights and Constitutional Studies 7, no. 4 (2020): 404. http://dx.doi.org/10.1504/ijhrcs.2020.10033744.

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Sarasola, Ignacio Fernández. "Models of constitutional amendment in Spanish history." International Journal of Human Rights and Constitutional Studies 7, no. 4 (2020): 404. http://dx.doi.org/10.1504/ijhrcs.2020.111509.

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Kim, Seon-Taek. "Incorporation of History into the Constitutional Preamble." Korea Law Review 113 (June 30, 2024): 171–219. http://dx.doi.org/10.36532/kulri.2024.113.197.

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Voitovych, Nataliia. "HISTORICAL BACKGROUND AND LEGAL ANALYSIS OF SURVEILLANCE IN CRIME PREVENTION." Intermarum history policy culture, no. 8 (December 30, 2020): 189–209. http://dx.doi.org/10.35433/history.112011.

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The aim of the research is to study the historical preconditions and legal regulation of surveillance in combating crime in the XIX century. At the same time, the author's goal is to compare peculiarities of the instruments of system fight against crime (the method of operational search actions, hereinafter - OSA) and covert investigative activities in countries with different forms of government and diverse political systems.The methodology of the research is: adherence to the principles of objectivity, scientificity and historicism contributed to consistent disclosure of preconditions, content and principles of surveillance as a measure and a method of OSA and covert investigative activities in combating and preventing crime actions. Mutual enrichment with historical and legal methods provided systemity of the research. Historical study of surveillance in combination with the study of regulatory legal acts created new opportunities for interdisciplinary research. The application of general scientific methods, namely systematization, generalization, problem-chronological, comparative-historical, historical-legal methods allowed to trace the influence of the legal component on the history of introduction and development of surveillance in the "long" XIX century and peculiarities of its usage in the conditions of the newly formed states and political systems in the interwar period.The scientific novelty lies in a detailed historical and legal analysis of the content of regulatory legal acts concerning legal grounds for surveillance, a comprehensive study of its content, gaps and peculiarities of usage in non-democratic political regimes.Conclusions. The article provides historical analysis of evolution and usage of surveillance, which has experienced several stages connected with improving the performance of security functions, in preventing crimes. The attention is focused on the most characteristic features of implementing surveillance as a universal measure of obtaining information and distributing tasks between the states' law enforcement agencies and a means of combating representatives of political forces and structures constituting a real and hypothetical threat to the state / regime. The similarity of performing functions by law enforcement agencies (and the role of surveillance) in the conditions of different state formations, despite fundamental differences in the forms of government and the nature of political systems, is proved.

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Cornell, Saul. "Moving Beyond the Canon of Traditional Constitutional History: Anti-Federalists, the Bill of Rights, and the Promise of Post-Modern Historiography." Law and History Review 12, no. 1 (1994): 1–28. http://dx.doi.org/10.1017/s0738248000011238.

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Few aspects of post-structuralist literary criticism have garnered as much attention and provoked as much controversy as the move to challenge the idea of a fixed literary canon of great texts. The implications of deconstructing the canon extend well beyond the study of fiction. All fields of scholarship have a canon of established texts, methodologies, and questions. Critiques of the literary canon resemble the challenge to conventional history posed by the new social history and its efforts to write a history from the bottom up that would supplant traditional historical scholarship. A similar revisionist effort is now only just beginning to emerge in constitutional historiography. Proponents of “a new constitutional history” are seeking to challenge the canon of traditional constitutional history. While this revisionist project has not been cast in post-structuralist terms, the perspective provided by recent critical theory can refine the practice of the new constitutional history.

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Törő, László Dávid. "Ferenc Eckhart:." Moving the Social 64 (December 1, 2020): 103–20. http://dx.doi.org/10.46586/mts.64.2020.103-120.

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An influential historian of constitutional and economic history, Ferenc Eckhart, contributed greatly to the Hungarian historical writing in the first half of the 20th century. He paved the way for a much more historical and analytical view of constitutional history while fiercely debating narrow-minded, nationalist interpretations of Hungarian constitutional history. This paper attempts to give a short overview of this ouvre and to highlight the progressive elements in his historical writing.

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Price, Peter. "Provincializing Constitutions: History, Narrative, and the Disappearance of Canada’s Provincial Constitutions." Perspectives on Federalism 9, no. 3 (December 1, 2017): E—31—E—56. http://dx.doi.org/10.1515/pof-2017-0019.

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Abstract Constitutional scholarship in Canada since Confederation has been characterized by two primary narratives. The dualist narrative, which characterized constitutional scholarship between the late-nineteenth and mid-twentieth centuries, focussed on the parallel developments of provincial and federal constitutions. The monist narrative, which has become the dominant model of interpretation since the mid-twentieth century, focusses on the federal constitution as a singular foundation of constitutionalism in Canada. As a result of the shift from dualism to monism, provincial constitutions have become largely ignored in Canada and subsumed by the “mega-constitutional” politics of the federal constitution. This paper examines provincial constitutions to highlight the significant reorientation of constitutional scholarship in Canada over the past 150 years, which has become primarily focussed on post-Confederation constitutional history and written constitutionalism.

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Dale, Elizabeth. "Law and History: The Garden and the Wilderness as Constitutional History." Church History 79, no. 4 (November 26, 2010): 881–86. http://dx.doi.org/10.1017/s0009640710001083.

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In history, perspective is everything. Given that, I should make it clear from the start that I approached Mark deWolfe Howe's history of the First Amendment and church–state relations as a historian who studies constitutions and constitution-making, and more specifically as a historian of constitutions who has written about how and why we do constitutional history. Viewing it from that perspective, I must admit I have mixed feelings about this book.

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Brezhnev, O. V. "USSR CONSTITUTIONAL OVERSIGHT COMMITTEE: HISTORY, LEGAL STATUS, ACTIVITY." Proceedings of the Southwest State University 22, no. 1 (February 28, 2018): 211–16. http://dx.doi.org/10.21869/2223-1560-2018-22-1-211-216.

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This article considers the history of the creation and legal status of USSR Constitutional Oversight Committee, a specialized body established to ensure legal protection of the Constitution of the USSR. It is noted that the formation of this institution should be viewed with respect to the tasks set in the Soviet state in the late 1980s and early 1990s: democratization of state administration, overcoming separatist tendencies, implementation of radical economic reform, and formation of a socialist legal state. In the study, the author used analytical, formal-legal methods, the method of abstraction, which allowed formulating main conclusions. Analyzing the legal status of the USSR Constitutional Oversight Committee, the author comes to the conclusion that its powers were of a limited nature: in the conditions of denying the principle of separation of powers, they did not dispute the supremacy of USSR Congress of People’s Deputies in the system of state power bodies. In those years, the activities of the Committee were considered not so much as jurisdictional, but as political and legal. The article categorizes the powers of the USSR Constitutional Oversight Committee, some of which were of control nature, but most of them were of supervisory or expert-consultative nature. Investigating the practice of the the USSR Constitutional Oversight Committee, the author concludes that the legal positions contained in its decisions significantly influenced the further development of domestic legislation and constitutional justice in Russia.

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Bogdanor, Vernon, and Denis C. Mueller. "Constitutional Democracy." American Journal of Legal History 42, no. 1 (January 1998): 78. http://dx.doi.org/10.2307/846017.

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Orr, D. Alan. "A Prospectus for a “New” Constitutional History of Early Modern England." Albion 36, no. 3 (2004): 430–50. http://dx.doi.org/10.2307/4054367.

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The study of English constitutional history has fallen on hard times. Once an intellectually thriving field, constitutional history now conjures up visions of bad tweed and bow ties coupled with dryly-legalistic discussions of statutes, charters, parliamentary debates, Year Books, and legal reports. Indeed, whether Whig, Neo-Whig, Revisionist, or Post-Revisionist in orientation, constitutional history has traditionally concerned itself with the “activity of government”; it has emphasized the formal structures of government, their historical origins, their changing composition, their evolving roles, and functions. These formal structures, the Crown, Parliament, the Council, the established church, and the law courts, together constituted the sinews of government. Constitutional controversy arose when the respective roles and functions of these formal structures came into conflict. Accordingly, constitutional historians became experts on the anatomy and development of the particular organs of government and their changing roles yet they were often unable to see the broader conceptual forest in which they were standing. As a result, some critics have lampooned constitutional history and its leading proponents as lacking theoretical engagement and being overly preoccupied with the minutiae of government at the expense of conceptual sophistication and breadth of vision.

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Semonche, John E., and Sanford Levinson. "Constitutional Faith." Journal of American History 76, no. 1 (June 1989): 230. http://dx.doi.org/10.2307/1908373.

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