Constitutional Imaginaries


Book Description

This book offers a social theoretical analysis of imaginaries as constituent social forces of positive law and politics. Constitutional imaginaries invite constitutional and political theorists, philosophers and sociologists to rethink the concept of constitution as the normative legal limitation and control of political power. They show that political constitutions include societal forces impossible to contain by legal norms and political institutions. The constitution of society as one polity defined by the unity of topos-ethnos-nomos, that is the unity of territory, people and their laws, informed the rise of modern nations and nationalisms as much as constitutional democratic statehood and its liberal and republican regimes. However, the imaginary of polity as one nation living on a given territory under the constitutional rule of law is challenged by the process of European integration and its imaginaries informed by transnational legal and societal pluralism, administrative governance, economic performativity and democratically mobilised polity. This book discusses the sociology of imagined communities and the philosophy of modern social imaginaries in the context of transnational European constitutionalism and its recent theories, most notably the theory of societal constitutions. It offers a new approach to the legal constitutions as societal power formations evolving at national, European and global levels. The book will be of interest to scholars and students interested in constitutional and European law theory and philosophy as much as interdisciplinary and socio-legal studies of transnational law and society.




The Antebellum Origins of the Modern Constitution


Book Description

This book argues that conflicts over slavery and abolition in the early American Republic generated a mode of constitutional interpretation that remains powerful today: the belief that the historical spirit of founding holds authority over the current moment. Simon J. Gilhooley traces how debates around the existence of slavery in the District of Columbia gave rise to the articulation of this constitutional interpretation, which constrained the radical potential of the constitutional text. To reconstruct the origins of this interpretation, Gilhooley draws on rich sources that include historical newspapers, pamphlets, and congressional debates. Examining free black activism in the North, Abolitionism in the 1830s, and the evolution of pro-slavery thought, this book shows how in navigating the existence of slavery in the District and the fundamental constitutional issue of the enslaved's personhood, Antebellum opponents of abolition came to promote an enduring but constraining constitutional imaginary.




Constitutional Semiotics


Book Description

This book offers an outline of the foundations of a theory of constitutional semiotics. It provides a systematic account of the concept of constitutional semiotics and its role in the representation and signification of meaning in constitution, constitutional law, and constitutionalism. The book explores the constitutional signification of meaning that is stretched between rational entrenchment and constitutional imagination. It provides a critical assessment of the rationalist entrapment of constitutional modernity and justifies the need to turn to 'shadow constitutionalisms': textual, symbolic-imaginary and visual constitutionalism. The book puts forward innovative incentives for constitutional analysis based on constitutional semiotics as a paradigm for representation of meaning in rational, textual, symbolic-imaginary and visual constitutionalism. The book focuses on the textual, imaginative, and visual discourse of constitutionalism, which is built upon collective constitutional imaginaries and on the peculiar normativity of constitutional geometry and constitutional mythology as borderline phenomena entrenched in rational, textual, symbolic-imaginary and visual constitutionalism. The book analyses concepts such as: constitutional text and texture, authoritative constitutional narratives and authoritative constitutional narrators, constitutional semiotic community, constitutional utopia, constitutional taboo, normative ideology and normative ideas, constitutional myth and mythology, constitutional symbolism, constitutional code and constitutional geometric form. It explores the textual entrenchment of constitutionalism and its repercussions for representation and signification of meaning.




Indigenous Media and Political Imaginaries in Contemporary Bolivia


Book Description

Fray Bernardino de Sahagún-INAH Award in Mexico for Best Research Work in Anthropology Gabriela Zamorano Villarreal examines the political dimension of indigenous media production and distribution as a means by which indigenous organizations articulate new claims on national politics in Bolivia, a country experiencing one of the most notable cases of social mobilization and indigenous-based constitutional transformation in contemporary Latin America. Based on fieldwork in Bolivia from 2005 to 2007, Zamorano Villarreal details how grassroots indigenous media production has been instrumental to indigenous political demands for a Constituent Assembly and for implementing the new constitution within Evo Morales's controversial administration. On a day-to-day basis, Zamorano Villarreal witnessed the myriad processes by which Bolivia's indigenous peoples craft images of political struggle and enfranchisement to produce films about their role in Bolivian society. Indigenous Media and Political Imaginaries in Contemporary Bolivia contributes a wholly new and original perspective on indigenous media worlds in Bolivia: the collaborative and decolonizing authorship of indigenous media against the neoliberal multicultural state, and its key role in reimagining national politics. Zamorano Villarreal unravels the negotiations among indigenous media makers about how to fairly depict a gender, territorial, or justice conflict in their films to promote grassroots understanding of indigenous peoples in Bolivia's multicultural society.




Authoritarian Liberalism and the Transformation of Modern Europe


Book Description

This book uses constitutional analysis and theory to explore the transformation of Europe from the post-war era until the Euro-crisis. Authoritarian liberalism has developed over these years and, as the book suggests, is now perhaps reaching its limit. This book uses history and theory to reveal the EU's journey and highlight future challenges.




Constituent Power in the European Union


Book Description

Oxford Constitutional Theory has rapidly established itself as the primary point of reference for theoretical reflections on the growing interest in constitutions and constitutional law in domestic, regional, and global contexts. The majority of the works published in the series are monographs that advance new understandings of their subject But the series aims to provide a forum for further innovation in the field by also including well-conceived edited collections that bring a variety of perspectives and disciplinary approaches to bear on specific themes in constitutional thought and by publishing English translations of leading monographs in constitutional theory that have originally been written in languages other than English. Book jacket.




The Transformation of Europe


Book Description

This collection of essays considers the extent to which Joseph Weiler's thinking on the nature of European law holds today.




Poland's Constitutional Breakdown


Book Description

Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy?




Populist Constitutionalism Illiberal Dhb


Book Description

This book is a topical study of populist constitutionalism and illiberal democracies, exploring their roots in constitutional imagination as well as their normative entrenchment and performance in political reality. It provides insightful analysis of republican constitutionalism, focusing on the role of people in radical democracy and revolutionary constitutional reform. Furthermore, the outlook, adequacy and performance of constitutional principles in times of democratic ruptures are assessed. The contributors examine the rise of populist constitutionalism and the main trends that have led to the current, ongoing crises in liberal democracy. The book includes original analyses of populist constitutionalism from the viewpoint of emotions and constitutional imagination, as well as a special chapter devoted to the challenges posed to constitutional democracy by COVID-19. Combining theoretical contributions, comparative typologies and important case studies, the spread of populism and illiberal democracy in Europe is critically explored.00'Populist Constitutionalism and Illiberal Democracies' is a timely contribution to the lively discussion surrounding constitutional law, comparative constitutional law, comparative constitutionalism and political science regarding the rise and spread of illiberal democracies, authoritarian political regimes and revolutionary, radical democratic and populist constitutionalism.




Global Health and Geographical Imaginaries


Book Description

To date, geography has not yet carved out a disciplinary niche within the diffuse domain that constitutes global health. However, the compulsion to do and understand global health emerges largely from contexts that geography has long engaged with: urbanisation, globalisation, political economy, risk, vulnerability, lifestyles, geopolitics, culture, governance, development and the environment. Moreover, global health brings with it an innate, powerful and politicising spatial logic that is only now starting to emerge as an object of enquiry. This book aims to draw attention to and showcase the wealth of existing and emergent geographical contributions to what has recently been termed ‘critical global health studies’. Geographical perspectives, this collection argues, are essential to bringing new and critical perspectives to bear on the inherent complexities and interconnectedness of global health problems and purported solutions. Thus, rather than rehearsing the frequent critique that global health is more a ‘set of problems’ than a coherent disciplinary approach to ameliorating the health of all and redressing global bio-inequalities; this collection seeks to explore what these problems might represent and the geographical imaginaries inherent in their constitution. This unique volume of geographical writings on global health not only deepens social scientific engagements with health itself, but in so doing, brings forth a series of new conceptual, methodological and empirical contributions to social scientific, multidisciplinary scholarship.