Sovereignty and Constitution: historical issues and contemporary perspectives / Sovranità e Costituzione: nodi storici e prospettive contemporanee
ISBN 987-88-6056-550-1, ISSN 1593-0793
This issue includes the contributions:
Ulrike Müßig, Introduction - The "invented" sovereignty Available in Open Access here.
Ulrike Müßig, Coke’s ‘Tales’ about Sovereignty. Available in Open Access here.
John W.F. Allison, The Westminster Parliament’s Formal Sovereignty in Britain and Europe from a Historical Perspective.
Lord Robert Reed, Re-thinking the UK Constitution.
Luigi Lacchè, The Sovereignty of the Constitution. A historical Debate in a European Perspective.
Andreas Timmermann, Ulrike Müßig, Sovereignty doctrines in the constitutional debates around the Cádiz Cortes: Transition of monarchical sovereignty to national sovereignty? Available in Open Access here.
Bodie Alexander Ashton, Constitutionalism as a force of popular loyalty: Constitutional and unconstitutional Württemberg in the early nineteenth century. Available in Open access here.
Ida Ferrero, Rethinking the electoral and constitutional system: the works of Palma and Brunialti on the Norwegian constitution.
Matteo Zamboni, The Treatment of Italians Abroad in the Legal Opinions of the Consiglio del Contenzioso Diplomatico of the Italian Ministry of Foreign Affairs (1861-1907).
Luigi Nuzzo, The remains of the sovereignty. Settlements and land governance in Tianjin.
Giacomo Demarchi, Sovereignty, autonomy, democracy: the spanish Estado integral of 1931 as a laboratory of contemporary regionalism.
Luigi Lacchè, On the Italian Style: The Eclectic Canon and the Relationship of Theory to Practice as key-elements of Italian Legal Culture (19th- 20th Centuries).
Ronald Car, The Antifa-Block chimera. In search of the form of government for a "better Weimar " in the Soviet Occupation Zone.
Roberto Valle, The faces of ideas. Dostoevskij, drawer artist, calligrapher and art critic.
Bodie A. Ashton, The Kingdom of Württemberg and the Making of Germany, 1815-1871
The publication has been honoured by the American Library Association’s Choice magazine as one of its Outstanding Academic Titles of 2017. This distinction is judged on the basis of excellence, relevance, distinction, originality, value, and importance of the scholarship to the academic field. In the original review in the July issue, Choice noted that Ashton’s work is a ‘remarkable study’ that offers new insights into the German unification process: ‘It is hard to give this book sufficient praise; lucid and thoroughly researched, it brings the past to life, and the sections on politics, economic growth (or the absence of it in southern Germany), and warfare are equally effective. If the unification of Germany came in a way that was unexpected (the author notes in closing), what came afterward was equally unpredictable.’
[Reprinted with permission from CHOICE http://www.choicereviews.org, copyright by the American Library Association.]
Bodie Ashton's monograph entitled 'The Kingdom of Württemberg and the Making of Germany, 1815-1871' is congruent with the idea of ReConFort that constitution is not only the body of text, but rather the consensus of those to be ruled by the constituted sovereignty. Therefore, his analysis of the intricacies of constitutionalism and constitutional identification in nineteenth century-Württemberg is a fine example of re-considering constitutional formation within the communicative dependency of historic constitutional processes.
Michał Gałędek, Koncepcje i projekty nowego ustroju administracji dla przyszłego Królestwa Polskiego
The monograph by Michał Gałędek presents the process of rebuilding administrative structures on the eve of establishment of the Kingdom of Poland in 1815, in connection with the plans of tsar Alexander I to grant a liberal constitutional political system to the Kingdom. In the manuscript review, Professor Tadeusz Stegner wrote that this dissertation “is a valuable one, furthering not only our knowledge of the political concepts concerning administration on the Polish territories in the early 19th century, but also of the development of Polish political thought. The source bases of the work are many and varied, mostly archival. It must be underscored that a considerable part of these materials has not been applied extensively prior to now, which makes the Author’s monograph a pioneering work”.
Marcin Byczyk, ‘Normy ostrożności w prawie karnym’ (‘Norms of cautiousness in criminal law’)
Dr. Marcin Byczyk, member of the ReConFort research team in charge of the Polish 1815-constitution, has published his dissertation ‘Normy ostrożności w prawie karnym’ (‘Norms of cautiousness in criminal law’) on 30th November 2016. The highly prestigous publishing house ‘Ars Boni et aequi’ at Poznań has accepted Dr. Byczyk’s comprehensive PhD research work, due to his attachment to the Advanced Grant ReConFort. Before joining the ReConFort team as post doc in 2015, he has served the progress of the ReConFort’s interests in the 1791-May constitution by translating the Polish sources during his doctoral studies from 2012 to 2015.
Publication "Reconsidering Constitutional Formation I National Sovereignty"
The Research project ReConFort, dealing with communication dependencies of historic constitutions, reconsiders the national constitutional discourses of the 19th century. Following the key category national sovereignty as tertium comparationis it became clear, that it was a distinctive feature of the 19th c.-Europe to loose ‘national borders’ and to accumulate the historic constitutional debates around central topoi and in cross-border correspondances of protagonists. So far we have identified the topoi national/constitutional sovereignty, precedence of constitution, accountability of politics and the judiciary as constituted power.
The volume includes essays of the PI and the Post-Docs:
- Juridification by Constitution. National Sovereignty in the 18th and 19th c. Europe
by Ulrike Müßig
- National sovereignty in the Belgian Constitution of 1831. On the meaning(s) of article 25
by Brecht Deseure
- The Omnipotence of Parliament in the legitimisation process of ‘representative government’ during the Albertine Statute (1848-1861)
by Giuseppe Mecca
- Sovereignty Issue in the Public Discussion in the Era of the Polish 3rd of May Constitution
by Anna Tarnowska
Furthermore , it provides the first English translation of the Statute "Our free Royal Cities in the States of Rzeczpospolita".
The open access version is available here:
Reconsidering Constitutional Formation. Desafíos en la Investigación de la Historia del Derecho comparado, Codex de Estudios Histórico-Jurídicos. VI-VII (2014-2016), 555-587
Transparency by court organisation. Judicial independence "in front of" the German Courts in the 19th and 20th centuy, in: Danuta Janicka (Hrsg.), Judiciary and Society between Privacy and Publicity. 8th Conference on Legal History in the Baltic Sea Area, 3rd-6th September 2015, Toruñ 2016, 463-505.