Revolution, Transition, Memory, and Oblivion: Reflections on Constitutional Change

This timely book offers a novel theory of constitutional revolutions, providing a new and engaging framework for critically assessing how revolutions and contra-revolutions, transitional periods and the phenomenon of oblivion influence constitutional change. Contributions by leading scholars in the field explore the relationship between revolutions and constitutional order and disorder, considering in particular the impact of political transitions, situations of emergency, coup d’etat and the role of memory and oblivion during times of revolution. Through a series of case studies, the book identifies ways in which these phenomena have, and will, affect the formation and amendment of constitutions in both the short and long term. This includes, most notably, those changes which seem to go against the spirit of constitutionalism. In so doing, it provides important insight into how constitutions and constituent powers deal with the influences of the past. Students and scholars engaged in the study of constitutional law, legal theory, theories of the state, transitions of democracy and the philosophy of law will find this ground-breaking book to be a must read.

Table of Contents:
Contents: Introduction xi Martin Belov and Antoni Abat i Ninet PART I CONSTITUTION, REVOLUTION, AND LAW 1 Conceptualising the relationship between revolutions and constitutions 2 Antoni Abat i Ninet 2 Revolution and interpretation: what is a legal revolution? 18 Xavier Souvignet 3 Revolution in law 31 Yanaki Stoilov 4 Constitutional revolutions beyond liberalism: a realist critique 54 Acar Kutay PART II NORMATIVIST DISCOURSES ON LEGAL AND CONSTITUTIONAL REVOLUTION 5 The basic norm at the time of the revolution 71 Monika Zalewska 6 On the Kelsenian concept of revolution: a theory of the relationship between social and legal revolution and the case of the first Bulgarian constitutional transition (1944–1947) 91 Simeon Groysman PART III CONSTITUTIONAL REVOLUTION AND CONSTITUTIONAL TRANSITION – BETWEEN MEMORY AND OBLIVION 7 Constitutional memories: how do constitutions cope with constitutional past 107 Martin Belov 8 The art of using legal fiction as a legal revolution solution: the case of Vichy 126 Emmanuel Cartier 9 The interim constitution in time of transition: between constitutional amendment and constitutional revolution 144 Aleksandar Tsekov PART IV CONSTITUTION-MAKING, UNCONSTITUTIONAL CONSTITUTIONAL AMENDMENTS AND PRO-AUTHORITARIAN DRIFTING OF THE CONSTITUTIONAL ORDER 10 Constitution-making processes in Europe since the Second World War 168 Zoltán Szente 11 Why does a constitutional change emerge and who has a say in it? Constitution-making, constitutional amendments and their constitutional review in Hungary between 2010 and 2018 184 Fruzsina Gárdos-Orosz 12 Constitutional change through unconstitutional interpretation 210 Monika Florczak-Wątor 13 Conclusion 231 Martin Belov and Antoni Abat i Ninet Index

About the Author :
Edited by Martin Belov, Professor of Constitutional Law, Faculty of Law, University of Sofia ‘St. Kliment Ohridski’, Bulgaria and Antoni Abat i Ninet, Universitat autònoma de Barcelona, Spain

Review :
'A novel and sophisticated collection of essays on some of the most fascinating questions in constitutional and political theory. Associating socio-legal memory and oblivion with constitutional and political transitions, this book is a must-read for anyone interested in how constitutions affect - and react to - the past, present and future, through revolutions, amendments and judicial interpretation. This rich blend of multidisciplinary perspectives on constitutional ordering and disordering is an original and important contribution to the study of constitutionalism and constitutional change.' 'Revolution is all the rage - this new book appears at just the right time. Innovative and important, Revolution, Transition, Memory, and Oblivion offers new perspectives on how constitutions change, often radically and dramatically. Belov and Abat i Ninet have assembled an outstanding group of scholars whose chapters push the boundaries of our current knowledge on the interrelationships among revolution, rebellion, replacement, and constitutionalism. This book forces readers to rethink old views and to grapple with new insights.' 'We live in a time of sweeping constitutional transformation. The profound effects and implications of this ubiquitous development have created a critically important scholarly agenda, refining the analytical constructs for sharpening our comprehension of what it all means. The multidisciplinary contributors to this volume have responded splendidly to this challenge, offering up a methodologically and conceptually diverse set of assessments that valuably illuminate the complex issues kindled by the prevalence of radical constitutional change.' 'This collection of essays provides a host of original insights at this moment of global crisis. They invite the reader to gain a deep historical perspective upon the dilemmas we currently face in reconstructing a constitutional order that can meet the challenges of the twenty-first century. Nobody can predict the future, but we can learn a good deal from the successes and failures of the past.'