Introduction: Modern Pressures on Constitutionalism
Constitutionalism under extreme conditions raises a bundle of fundamental questions about constitutional design and operation. While we envision constitutions as stable institutions intended to endure for a long duration through moments both peaceful and
- PDF / 176,624 Bytes
- 13 Pages / 439.37 x 666.142 pts Page_size
- 81 Downloads / 179 Views
Abstract Constitutionalism under extreme conditions raises a bundle of fundamental questions about constitutional design and operation. While we envision constitutions as stable institutions intended to endure for a long duration through moments both peaceful and not, modern history has shown that constitutions are not as resilient as we expect them to be. Sometimes they suffer manipulation by incumbents intent on remaking the constitution under the guise of amending it; sometimes they fail even to withstand anticipated problems of transition or reconciliation; and still other times they quite simply collapse under the weight of changing social and political realities. In this volume on “Constitutionalism Under Extreme Conditions,” a distinguished group of contributors focuses on yet another challenge to modern constitutions: the challenge that various kinds of crises—whether war, terrorism, siege, disaster, financial meltdown and health epidemics, for instance—pose for constitutional stability and survival. This introductory chapter situates the significance of the subject, explains the structure of the volume, and outlines the chapters and their importance to the study of public law both individually and collectively.
Constitutions are often made, broken, or changed under extreme conditions, whether war, secession, emergency or some other extraordinary circumstance. Over the past 40 years alone, more than 200 constitutions have been introduced in this way – and the number rises dramatically when we consider constitutional amendments proposed under extreme conditions. As Peter Russell notes: “no liberal democratic state has accomplished comprehensive constitutional change outside the context of
Y. Roznai (B) Interdisciplinary Center Herzliya, Herzliya, Israel e-mail: [email protected] R. Albert (B) The University of Texas at Austin, Austin, USA e-mail: [email protected] © Springer Nature Switzerland AG 2020 R. Albert and Y. Roznai (eds.), Constitutionalism Under Extreme Conditions, Ius Gentium: Comparative Perspectives on Law and Justice 82, https://doi.org/10.1007/978-3-030-49000-3_1
1
2
Y. Roznai and R. Albert
some cataclysmic situation such as revolution, world war, the withdrawal of empire, civil war, or the threat of imminent breakup.”1 Constitutionalism under extreme conditions raises a bundle of fascinating and important issues. Constitutionalism is nowadays commonly identified by certain conditions such as the recognition of the people as the source of all governmental authority, the normative supremacy of the constitution, the ways the constitution regulates and limits governmental power, adherence to the rule of law, and respect for fundamental rights.2 Constitutions are intended to be stable and to survive during times of crisis. They are therefore sometimes designed expressly to accommodate unforeseen circumstances and to authorize resort to emergency powers.3 These unforeseen circumstances—for instance belligerency, war, terror and alike; natural and manmade disasters; politica
Data Loading...