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Comparative constitutional studies: between magic and deceit /
Frankenberg, Gunter
Comparative constitutional studies: between magic and deceit / - Cheltenham, UK Edward Elgar 2018 - xi, 343 p. 22 cm - Elgar monographs in constitutional and administrative law .
Preface;
1 Constitutions: between magic and deceit;
1. Conflicts and projects;
2. Narratives of magic and deceit;
3. Constitutional rhetoric;
PART I THEORY AND METHOD:
2 Constitutional idiom and design:
1. The modern idiom of constitutions;
2. Conceptual histories;
3. Constitutional imaginary and silence;
4. Constitutional design: archetypes and architecture;
5. Written, unwritten, printed;
3 Comparing constitutions: theory and method
1. Similarity or difference?;
2. The politics of unitary comparison;
3. Constituting the other: normalization;
4. Constitutional ethnocentrism;
5. Comparison as narrative;
6. Varieties of constitutionalism: between magic and deceit;
PART II HISTORY AND TRANSFER:
4 Constitutional transfer and experimentalism:
1. Comparing transfers;
2. De-contextualization;
3. Re-contextualization;
4. Defying transfer: resisting globalization;
5. Identifying "odd details';
6. Constitutional items: local, regional, global;
7. Merchants of transfer;
5 Consitutional experimentalism in nineteenth-century Europe:
1. The long conversion of sovereignty;
2. Constitutionalism between teleology and contingence;
3. Constitutional experimentalism: the nineteenth century as laboratory;
4. Three models of constitutional monarchy;
5. Experiment and tenure;
6. Pathways and transfers of constitutional monarchy;
7. Plurality, agenda and sources of nineteenth-century constitutionalism;
PART III CONSTITUTION AS ORDER:
6 Order from conflict:
1. Constitution as cognitive and normative ordering;
2. Ordering polity and society;
3. Constituting political authority;
4. Constituting social integration;
5. Integration through conflict;
6. Constitutional exclusion and inclusion;
7 Constituting against partition and fragmentation:
1. Deep division as fragmentation or partition;
2. Partition: constitutional geography and geopolitics;
3. Constituting against partition: narratives of unity and denial;
4. Constituting against social fragmentation;
5. Constituting cooperative disagreement: autonomy;
8 Constituting states of exception:
1. Demons and mysteries;
2. Terrains of exception: rule of decision;
3. A short phenomenology of states of exception;
4. Constituting states of exception;
5. Normalizing the exception Epilogue Bibliography;
Index.
9781789902167 (paperback)
342.02
Comparative constitutional studies: between magic and deceit / - Cheltenham, UK Edward Elgar 2018 - xi, 343 p. 22 cm - Elgar monographs in constitutional and administrative law .
Preface;
1 Constitutions: between magic and deceit;
1. Conflicts and projects;
2. Narratives of magic and deceit;
3. Constitutional rhetoric;
PART I THEORY AND METHOD:
2 Constitutional idiom and design:
1. The modern idiom of constitutions;
2. Conceptual histories;
3. Constitutional imaginary and silence;
4. Constitutional design: archetypes and architecture;
5. Written, unwritten, printed;
3 Comparing constitutions: theory and method
1. Similarity or difference?;
2. The politics of unitary comparison;
3. Constituting the other: normalization;
4. Constitutional ethnocentrism;
5. Comparison as narrative;
6. Varieties of constitutionalism: between magic and deceit;
PART II HISTORY AND TRANSFER:
4 Constitutional transfer and experimentalism:
1. Comparing transfers;
2. De-contextualization;
3. Re-contextualization;
4. Defying transfer: resisting globalization;
5. Identifying "odd details';
6. Constitutional items: local, regional, global;
7. Merchants of transfer;
5 Consitutional experimentalism in nineteenth-century Europe:
1. The long conversion of sovereignty;
2. Constitutionalism between teleology and contingence;
3. Constitutional experimentalism: the nineteenth century as laboratory;
4. Three models of constitutional monarchy;
5. Experiment and tenure;
6. Pathways and transfers of constitutional monarchy;
7. Plurality, agenda and sources of nineteenth-century constitutionalism;
PART III CONSTITUTION AS ORDER:
6 Order from conflict:
1. Constitution as cognitive and normative ordering;
2. Ordering polity and society;
3. Constituting political authority;
4. Constituting social integration;
5. Integration through conflict;
6. Constitutional exclusion and inclusion;
7 Constituting against partition and fragmentation:
1. Deep division as fragmentation or partition;
2. Partition: constitutional geography and geopolitics;
3. Constituting against partition: narratives of unity and denial;
4. Constituting against social fragmentation;
5. Constituting cooperative disagreement: autonomy;
8 Constituting states of exception:
1. Demons and mysteries;
2. Terrains of exception: rule of decision;
3. A short phenomenology of states of exception;
4. Constituting states of exception;
5. Normalizing the exception Epilogue Bibliography;
Index.
9781789902167 (paperback)
342.02