By Ulrike Müßig
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Legal stories and accordingly criminal background specialize in constitutional files, believing in a nominalist autonomy of constitutional semantics. Reconsidering Constitutional Formation within the overdue 18th and 19th century, stored historical constitutions from being easily log-books for political specialists via a sensible method of the interdependencies among structure and public discourse. Sovereignty needed to be ‘believed’ through the themes and the political élites. this kind of communicative orientation of constitutional procedures turned palpable within the ‘religious’ affinities of the constitutional preambles. They have been held as ‘creeds’ of a brand new order, not just as a result of their occasional recourse to divine authority, yet relatively because of the declare for everlasting validity contexts of constitutional promises.
The conversation dependency of constitutions was once of much less hindrance by way of the preamble than the parts’ massive concerns approximately executive company. Their indecisiveness among monarchical and well known sovereignty was once tested throughout the discrediting of the Republic within the Jacobean reign of terror and the ‘renaissance’ of the monarchy within the army resistance opposed to the French innovative and later Napoleonic campaigns. The constitutional formation as a criminal act of constituting may perhaps for this reason safeguard the monarchy from the specter of the folk (Albertine Statute 1848), can be a felony determination of a countrywide constituent meeting (Belgian structure 1831), might borrow from the previous liberties (Polish may possibly structure 1791) or try and stay in among by means of relating the state as sovereign (French September structure 1791, Cádiz structure 1812).
Common to all contexts is using nationwide sovereignty as a felony start line. the ensuing differentiation among constituent and constituted energy manages to justify the self-commitment of political energy in criminal phrases. nationwide sovereignty is the synonym for the juridification of sovereignty by way of the structure. the newness of the constitutions of the overdue 18th and 19th century is the normativity, the positivity of the constitutional legislations as one unified legislations, to be the degree for the legality of all different legislations. for that reason ReConFort will proceed with the priority of structure. (www.reconfort.eu)
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Additional resources for Reconsidering Constitutional Formation I National Sovereignty: A Comparative Analysis of the Juridification by Constitution
Cela a son mal et son bien, mais le mal l’emporte. Le Legislateur en corps est impossible à corrompre, mais facile à tromper. ” 79 This idea is totally unknown in the American constitutional discourse, which never associates legislation with the word will. 80 Rousseau, Du contrat social II, 2, p. 369. See ibid. II, 13, p. ” 81 Rousseau’s Discours sur l ’Origine et les Fondements de l’Inégalité parmi les Hommes 1755 inspired Kant’s autonomy of pure practical reason. Kant changed both Rousseau’s state of nature as well as the term social contract “from an experience into an idea, he believed not to be devaluating but rather to found and secure this value in a narrower sense” (Cassirer, Ernst, Rousseau, Kant, Goethe, ed.
On the advice of Eugène Delacroix he bought the hotel Lambert on the Île Saint-Louis, where the Polish Library is still situated. 154 Polish Library Paris, Lelewel, ibid. (n. 151), p. 2. 155 Polish Library Paris, Lelewel, ibid. (n. 151), p. 4, paraphrased and translated by UM. 156 “La vie civique seulmenet, vie purement politique, fournit exclusivement les sujets principaux d’histoire polonaise” (“The civil life only, purely political creates exclusively the principal themes of the Polish history”); “coutumes publiques de l’ancienne Pologne” (“political habit of the ancient Poland”) Polish Library Paris, Lelewel, ibid.
II, 13, p. ” 81 Rousseau’s Discours sur l ’Origine et les Fondements de l’Inégalité parmi les Hommes 1755 inspired Kant’s autonomy of pure practical reason. Kant changed both Rousseau’s state of nature as well as the term social contract “from an experience into an idea, he believed not to be devaluating but rather to found and secure this value in a narrower sense” (Cassirer, Ernst, Rousseau, Kant, Goethe, ed. and introduced by Rainer A. Bast, Hamburg 1991, p. , p. 37). 82 Rousseau, Du contrat social II, 1, p.