Reconsidering Constitutional Formation II Decisive Constitutional Normativity: From Old Liberties to New Precedence

Precedence of Constitution; Normativity and Constitution; Constitutional History of Europe; Constitutionality of Revolutions; American Constitutional History; Constitutional Normativity; Fundamental Laws; Old Liberties in European History; Unconstitutionality of Statutes; Judicial Review; Normativity and Precedence; Constitutional Precedence of the 3 May System; Constitutional Precedence and Polish Substantial Criminal Law; 1815 Constitution of the Kingdom of Poland; Belgian Constitution of 1831; 1815 Constitution of the United Kingdom of the Netherlands; Constituent Power and Constitutionalism in 19th Century Norway; Spirit of the Albertine Statute; Hans Kelsen and Adolf Julius Merk

Reconsidering Constitutional Formation – The Polish May Constitution 1791 as a masterpiece of constitutional communication

The Polish May Constitution, formally recognized as the fi rst constitution in Europe, differed from the American Federal Constitution of 1787 and the French Constitution of 1791 in that that it had failed to create any legitimized foundations for a pro-revolutionary or modern state. Even worse, the Polish Constitution of 1791 did not provide for Polish citizenship, nor did it directly articulate the principle of the equality of citizens or for political equality, or proclaimed the fundamental rights.The Polish May Constitution, formally recognized as the fi rst constitution in Europe, differed from the American Federal Constitution of 1787 and the French Constitution of 1791 in that that it had failed to create any legitimized foundations for a pro-revolutionary or modern state. Even worse, the Polish Constitution of 1791 did not provide for Polish citizenship, nor did it directly articulate the principle of the equality of citizens or for political equality, or proclaimed the fundamental right

in keeping with the spirit of the albertine statute constitutionalisation of the national unification

This chapter deals with the difficult process of constitutionalisation which characterised Italian Unification. Constitutionalisation is a long-term phenomenon which had the purpose of giving constitutional forms to the Nation. The promulgation of the Albertine Statute is more the start than the arrival of this phenomenon. The focus of this investigation is, therefore, to study the Constitution through its evolution paying particular attention to the process of legal integration within the structures of the Albertine Statute and to the amendment mechanisms of the constitutional text. The preamble of the Albertine Statute speaks of «perpetual and irrevocable fundamental law». The word «perpetual» meant the prohibition of revoking constitutional concession, while the word «irrevocable» was intended as a pact between the Sovereign and the Nation. Over the years, very few were the changes to the letter of the Albertine Statute. The interpretation and the practice represented the most important mechanisms of constitutional change (implicit constitutional changes). A primary role was acknowledged to non-written norms. In this perspective, it may well be said that the Italian Constitution consisted in something more than the written text and dwelt in the spirit and not in the letter of the Albertine Statute

Reconsidering Constitutional Formation II Decisive Constitutional Normativity: From Old Liberties to New Precedence

Precedence of Constitution; Normativity and Constitution; Constitutional History of Europe; Constitutionality of Revolutions; American Constitutional History; Constitutional Normativity; Fundamental Laws; Old Liberties in European History; Unconstitutionality of Statutes; Judicial Review; Normativity and Precedence; Constitutional Precedence of the 3 May System; Constitutional Precedence and Polish Substantial Criminal Law; 1815 Constitution of the Kingdom of Poland; Belgian Constitution of 1831; 1815 Constitution of the United Kingdom of the Netherlands; Constituent Power and Constitutionalism in 19th Century Norway; Spirit of the Albertine Statute; Hans Kelsen and Adolf Julius Merk

Tezners Schriften zur Verwaltungsrechtspflege in Österreich und ihre Impulse für den modernen Gerichtsbegriff. Beiträge zur Rechtsgeschichte Österreichs|Beiträge zur Rechtsgeschichte Österreichs Band 2 / 2016|

Tezner’s plea against the misunderstanding of absolutistic reforms, as in the context of the rule of law, demonstrates continuities regarding administrative jurisdiction in the history of courts in Austria. The organisational principle of extending benches of judges by including judicial councillors survived all Josephinian reforms. Judicial councillors represented the sovereign’s interests. Studying the decisions of the Supreme Justice Office (Oberste Justizstelle), Tezner found that it provided rather generously for these interests