Reference : Are octroyed constitutions of the 19th century to be considered as 'imposed constitut...
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Law, criminology & political science : Public law
Law / European Law
Are octroyed constitutions of the 19th century to be considered as 'imposed constitutions'?
Gerkrath, Jörg mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Law Research Unit >]
The Law and Legitimacy of Imposed Constitutions
Contiades, Xenophon
Albert, Richard
Fotiadou, Alkmene
Comparative constitutional change
Conference on ‘Imposed Constitutions: Aspects of Imposed Constitutionalism’
from 05-05-2017 to 06-05-2017
[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.

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