Overview

Founding moments are landmark events that break ties with the ancien régime and lay the foundation for the establishment of a new constitutional order. They are often radically disruptive episodes in the life of a state. They reshape national law, reset political relationships, establish future power structures, and influence happenings in neighbouring countries. This edited collection brings together leading and emerging scholars to theorise the phenomenon of a founding moment. What is a founding moment? When does the ‘founding’ process begin and when does it end? Is a founding moment possible without yielding a new constitution? Can a founding moment lead to a partial or incomplete transformation? And should the state be guided by the intentions of those who orchestrated these momentous breaks from the past? Drawing from constitutions around the world, the authors ask these and other fundamental questions about making and remaking constitutions.

Full Product Details

Author:   Richard Albert (University of Texas at Austin, USA) ,  Menaka Guruswamy ,  Nishchal Basnyat
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Weight:   0.386kg
ISBN:  

9781509952090

ISBN 10:   1509952098
Pages:   272
Publication Date:   20 May 2021
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand  
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Table of Contents

Introduction: Mapping the Founding Richard Albert and Menaka Guruswamy 1. Between Fact and Norm: Narrative and the Constitutionalisation of Founding Moments Ming-Sung Kuo 2. The Role of Courts in Advancing Constitutional Moments: Constitutionalising the Constitution in Singapore and Hong Kong Swati Jhaveri 3. Foundation and Revolution: Hannah Arendt and the Problem of Legitimacy and Stability in Constitutional Consolidation Mel A Topf 4. I am Not Your (Founding) Father Mikolaj Barczentewicz 5. ‘And Then They Begin to Look after the History of Their Founders’: (Re)configurations of the Founding in the Early Republic Simon Gilhooley 6. Under the Shadow of the Constitutional Revolution? Revisiting Israel’s Founding Moments Yair Sagy 7. Path-Dependency in Soviet and Russian Constitution-Making Eugene D Mazo 8. ‘Founding Moments’ in Latin America? Th e Brazilian and Chilean Constitutional Histories and the Rise of the Forgotten People Juliano Zaiden Benvindo 9. We the Taiwanese People: A Constitution with Two Antagonistic Constitutional Identities Chien-Chih Lin 10. What’s in a Founding? Founding Moments and Pakistan’s ‘Permanent Constitution’ of 1973 Maryam S Khan 11. A Founding Moment in Iraq: A Gender Perspective Noga Efrati Conclusion: Rethinking Founding Moments Nishchal Basnyat

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Author Information

Richard Albert is the William Stamps Farish Professor in Law and Professor of Government at The University of Texas at Austin. Menaka Guruswamy is a Senior Advocate at the Supreme Court of India and was the BR Ambedkar Research Scholar and Lecturer in Law at Columbia Law School from 2017 to 2019. Nishchal Basnyat is a graduate of Harvard College and Yale Law School. He was also the Lt Charles Fiske III Scholar at Trinity College, Cambridge University.

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