Law, Violence and Constituent Power

£41.99

Law, Violence and Constituent Power

The Law, Politics And History Of Constitution Making

Regional / International studies Political science and theory Political structure and processes Methods, theory and philosophy of law Comparative law Legal history Public international law: human rights Constitutional and administrative law: general European history History of the Americas Social and political philosophy

Author: Hector Lopez Bofill

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Collection: Comparative Constitutional Change

Language: English

Published by: Routledge

Published on: 30th May 2021

Format: LCP-protected ePub

Size: 383 Kb

ISBN: 9781000393842


This book challenges traditional theories of constitution-making to advance an alternative view of constitutions as being founded on power which rests on violence.

The work argues that rather than the idea of a constitution being the result of political participation and deliberation, all power instead is based on violence. Hence the creation of a constitution is actually an act of coercion, where, through violence, one social group is able to impose itself over others. The book advocates that the presence of violence be used as an assessment of whether genuine constitutional transformation has taken place, and that the legitimacy of a constitutional order should be dependent upon the absence of killing.

The book will be essential reading for academics and researchers working in the areas of constitutional law and politics, legal and political theory, and constitutional history.

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