| 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  [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >] | |
| Nov-2018 | |
| The Law and Legitimacy of Imposed Constitutions | |
| Contiades, Xenophon | |
| Albert, Richard | |
| Fotiadou, Alkmene | |
| Routledge | |
| Comparative constitutional change | |
| 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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