Constitutionalism, Legitimacy, and Power: Nineteenth-Century Experiences

Hardcover | October 7, 2014

EditorKelly L. Grotke, Markus J. Prutsch

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If one counts the production of constitutional documents alone, the nineteenth century can lay claim to being a "constitutional age"; one in which the generation and reception of constitutional texts served as a centre of gravity around which law and politics consistently revolved. This volumecritically re-examines the role of constitutionalism in that period, in order to counter established teleological narratives that imply a consistent development from absolutism towards inclusive, participatory democracy. Various aspects of constitutional histories within and outside of Europe areexamined from a comparative, transnational, and multidisciplinary historical perspective, organized around five key themes. The first part looks at constitutions as anti-revolutionary devices, and addresses state building, monarchical constitutionalism, and restorations. The second part takes up constitutions and the justification of new social inequalities, focusing on women's suffrage, human rights, and property. Thethird part uses individual country studies to take on questions of how constitutions served to promote nationalism. The use of constitutions as instruments of imperialism is covered in the fourth part, and the final part examines the ways that constitutions function simultaneously as legal andpolitical texts. These themes reflect a certain scepticism regarding any easy relationship between stated constitutional ideals and enacted constitutional practices. Taken together, they also function as a general working hypothesis about the role of constitutions in the establishment and maintenance of adomestically and internationally imbalanced status quo, of which we are the present-day inheritors. More particularly, this volume addresses the question of the extent to which nineteenth-century constitutionalism may have set the stage for new forms of domination and discrimination, rather thaninaugurating a period of "progress" and increasing equality.

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If one counts the production of constitutional documents alone, the nineteenth century can lay claim to being a "constitutional age"; one in which the generation and reception of constitutional texts served as a centre of gravity around which law and politics consistently revolved. This volumecritically re-examines the role of constitu...

Kelly L. Grotke received her PhD in European history from Cornell University in 2006, where she focused on eighteenth-century German intellectual history and the development of natural law theory. She is affiliated with the Erik Castren Institute at the University of Helsinki, where she was also a Postdoctoral Fellow with the Research...

other books by Kelly L. Grotke

Format:HardcoverDimensions:448 pages, 9.21 × 6.14 × 0.1 inPublished:October 7, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198723059

ISBN - 13:9780198723059

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Table of Contents

Introduction1. Kelly L Grotke and Markus J Prutsch: Constitutionalism, Legitimacy, and Power: Nineteenth-Century ExperiencesConstitutions as Anti-Revolutionary Devices2. Horst Dippel: A Nineteenth-Century 'Truman Doctrine' avant la lettre? Constitutional Liberty Abroad and the Parliamentary Debate About British Foreign Policy from Castlereagh to Palmerston3. Anna Gianna Manca: State Building by Means of Constitution in the Italian Constitutional Monarchy4. Markus J Prutsch: 'Monarchical Constitutionalism' in Post-Napoleonic Europe: Concept and Practice5. Volker Sellin: Restorations and ConstitutionsConstitutions and the Justification of New Social Inequalities6. Birgitta Bader-Zaar: Rethinking Women's Suffrage in the Nineteenth Century: Local Government and Entanglements of Property and Gender in the Austrian Half of the Habsburg Monarchy, Sweden, and the United Kingdom7. Olivier Beaud: Constitution, Ownership, and Human Rights8. Monika Wienfort: Constitutionalism, Inheritance, and Orders of Property. Land Laws in Nineteenth-Century Britain and GermanyConstitutions as Promoters of Nationalism9. Brigitte Mazohl: 'Equality among the Nationalities' and the Peoples (Volksstamme) of the Habsburg Empire10. Aylin Kocunyan: 'Long Live Sultan Abdulaziz, Long Live the Nation, Long Live The Constitution...'11. Dag Michalsen: The Norwegian Constitution of 1814 between European Restoration and Liberal Nationalism12. Francisco A Ortega: Ariadne's Thread: Navigating Postcolonial Spanish America's Labyrinth through Constitution Building in New Granada (1809-1812)Constitutions as Instruments of Imperialism13. Felix Hanschmann: The Suspension of Constitutionalism in the Heart of Darkness14. Tatiana Khripachenko: Modernizing Heterogeneous Empire: the Fundamental Laws of 1906 and the Incorporation of the Grand Duchy of Finland15. Thibault Guilluy: Visions of Constitutionalism: The Implementation of Representative Institutions in the British Colonies16. Paul McHugh: 'The most decorous veil which legal ingenuity can weave': The British Annexation of New Zealand (1840)Constitutions as Legal and Political Texts17. Olivier Jouanjan: What is a Constitution? What is Constitutional History?18. Duncan Kelly: Egon Zweig and the Intellectual History of Constituent Power19. Jo Eric Khushal Murkens: Unintended Democracy: Parliamentary Reform in the UK