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
"A comparative study of constitutional revolutions, with analysis of the concept as applied in four jurisdictions: Hungary, Germany, India, and Israel. Among the themes developed here: Judicial decisions may bring about revolutionary changes to the constitutional order; revolutions, at least in the constitutional domain, often occur without violence; formal constitutional amendments can fundamentally transform the constitutional order, effectively renewing it; popular involvement in turning-point moments in the constitutional lives of a nation is critical for achieving democratic legitimacy"--
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.
1 Introduction -- 2 Theorizing Constitutional Revolution -- 3 Revolutionary Constitutional Amendments: Hungary Between Rupture and Continuity -- 4 Revolution, Counterrevolution, and the Question of German Constitutional Identity -- 5 India's Dynamic Constitution: Revolution "Step by Step" -- 6 Constitutional Revolution Through Adjudication: The Case of Israel -- 7 Constitutional Revolutions and Constituent Power -- 8 Conclusion.
"A comparative study of constitutional revolutions, with analysis of the concept as applied in four jurisdictions: Hungary, Germany, India, and Israel. Among the themes developed here: Judicial decisions may bring about revolutionary changes to the constitutional order; revolutions, at least in the constitutional domain, often occur without violence; formal constitutional amendments can fundamentally transform the constitutional order, effectively renewing it; popular involvement in turning-point moments in the constitutional lives of a nation is critical for achieving democratic legitimacy"--
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