Reference : Are octroyed constitutions of the 19th century to be considered as 'imposed constitut...
Scientific congresses, symposiums and conference proceedings : Paper published in a book
Law, criminology & political science : Public law
Law / European Law
http://hdl.handle.net/10993/31754
Are octroyed constitutions of the 19th century to be considered as 'imposed constitutions'?
English
Gerkrath, Jörg mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
In press
‘Imposed Constitutions: Aspects of Imposed Constitutionalism’
Contiades, Xenophon
Routledge
Yes
International
Conference on ‘Imposed Constitutions: Aspects of Imposed Constitutionalism’
from 05-05-2017 to 06-05-2017
Nicosia
Cyprus
[en] octroi octroyed constitution ; imposed constitution
[en] The paper considers ‘octroyed’, ‘conceded’ or ‘granted’ constitutions of 19th century Europe whose common roots are to be found in the French ‘Charte constitutionnelle’ of 1814.
These Charters stem from a paternalistic process of domestic constitution-making engaged unilaterally by a monarch possessing the de facto constituent power and exercising it without the direct involvement of a body representing the people.
Such octroyed constitutions, which are of course to be opposed to democratically established ones, show nevertheless a number of specific characteristics which distinguish them also from ‘imposed constitutions’ in the usual sense.
The expression ‘constitutional octroy’ should not be used as a synonym for any process leading to an ‘imposed Constitution’. The contribution aims to develop and to validate or invalidate the value of a series of distinctive criteria and possible elements of a definition of ‘octroyed’ or ‘granted’ constitutions in order to underline their specificity.
http://hdl.handle.net/10993/31754
http://iacl-aidc-blog.org/2017/05/02/event-conference-on-imposed-constitutions-aspects-of-imposed-constitutionalism/

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