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Journal articles on the topic 'Constitutinal history'

Author: Grafiati

Published: 28 July 2024

Last updated: 19 July 2025

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1

Chimborazo, Andrés, and Xavier Vilcacundo. "LOS CONTROLES Y BALANCES EN LA HISTORIA CONSTITUCIONAL ECUATORIANA." Revista de Investigación Enlace Universitario 20, no. 1 (2021): 45–56. http://dx.doi.org/10.33789/enlace.20.1.84.

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El Ecuador ha tenido a lo largo de su historia veintiún Constituciones. Los diferentes textos constitucionales que han sido promulgados trajeron consigo una serie de malformaciones respecto a la estructura del Estado. La división de poderes estaba establecida sin un efectivo sistema de controles y balances en el poder público. Las diferentes funciones del Estado ecuatoriano han sido facultadas constitucionalmente para ejercer el control referente a otra, sin embargo, dicho control no ha sido el adecuado debido a las coyunturas políticas a las que han estado ligadas. Cada Constitución ha sido m

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2

Bonsteel Tachau, M. K. "Reclaiming Constitutional History." OAH Magazine of History 3, no. 1 (1988): 2–6. http://dx.doi.org/10.1093/maghis/3.1.2.

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3

GLASS, MAEVE. "4. THEORIZING CONSTITUTIONAL HISTORY." History and Theory 60, no. 2 (2021): 331–46. http://dx.doi.org/10.1111/hith.12210.

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4

Levy, Leonard W. "Constitutional history, 1776–1789." Society 24, no. 1 (1986): 30–39. http://dx.doi.org/10.1007/bf02695934.

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5

Akramova, Yulduz U. "CONSTITUTIONAL REVOLUTION IN IRAN." International Journal Of History And Political Sciences 03, no. 01 (2023): 1–5. http://dx.doi.org/10.37547/ijhps/volume03issue01-01.

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The article reveals the essence of the constitutional revolution, which left a huge mark in the history of the Iranian state and lasted for a long time. The mistakes of the Qajar dynasty in domestic and foreign policy; the irreparable blow of foreign countries and capitals to Iran's economy; not only in the economic sphere, but also in management issues, there is talk of increasing dependence on foreign countries. Despite the fact that it was the first revolution in the history of Iran, it was a revolution that spread to a wide area and caused great changes in the life of the state administrat

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6

Dogma, Michel Douryang. "The Machiavellian Epistemology of Democratic Reorganization in Ukraine." Analele Universităţii "Dunărea de Jos" din Galaţi Fascicula XIX Istorie 12 (June 14, 2013): 151–80. http://dx.doi.org/10.35219/history.2013.07.

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This article aims to explain the conceptual and practical work behind the reorganization of the Ukrainian democratic scene from the time of the rejection of the association agreement between Ukraine and the European Union by Viktor Yanukovych up to its self-exile in the Russian Federation. The principled or idealistic analysis of democracy is ill suited to explain the mutations of the political link inherent to this reorganization, apart from the category of chaos. The Machiavellian epistemology of democracy identifies the changes in Ukrainian democracy as a concrete political activity marked

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7

Cvetković, Aleksandar. "Constitutional history as an independent discipline?" Arhiv za pravne i drustvene nauke 11, no. 1 (2023): 61–80. http://dx.doi.org/10.5937/adpn2301061c.

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The constitutional history never had the status of an independent discipline on faculties of law in Serbia. On the other hand, there are a few synthesis in Serbian and in English with monographic characteristics regarding the constitutional history of Serbia. Occasionally there are some concerning the entire constitutional history, but most of them are about 19th century. Some of those monographs are analyzed in this paper: the works of Slobodan Jovanović regarding 19th century constitutional history of Serbia 'Constitutional Development and Constitutional Fights in Serbia' by Jaša Prodanović,

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8

김자영, 김경래, and 전진현. "A Study on the Constitutional Education Using Constitutional History." Journal of Law-Related Education 10, no. 1 (2015): 17–42. http://dx.doi.org/10.29175/klrea.10.1.201504.17.

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9

Allen, Austin, and John Remington Graham. "A Constitutional History of Secession." Journal of Southern History 70, no. 1 (2004): 151. http://dx.doi.org/10.2307/27648342.

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10

Qujaukitsoq, Vittus. "The Constitutional History of Greenland." Yearbook of Polar Law Online 11, no. 1 (2020): 11–14. http://dx.doi.org/10.1163/22116427_011010004.

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11

Han, Chang-hyun, and Bong-Hyo Lee. "Korean Constitutional Acupuncture: History, Theory." Integrative Medicine Research 4, no. 1 (2015): 53. http://dx.doi.org/10.1016/j.imr.2015.04.038.

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12

PRECUPANU, Monica. "Political Thinkers Present in Nicolae Steinhardt's Journalism." Analele Universităţii "Dunărea de Jos" din Galaţi Fascicula XIX Istorie 20 (June 15, 2022): 193–204. http://dx.doi.org/10.35219/history.2021.11.

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Nicolae Steinhardt was a refined intellectual who asserted himself in the interwar period through his collaboration with journals such as Revista Fundațiilor Regale, Revista Burgheză, Victoria, Libertatea etc. Apart from the topics that prove N. Steinhardt's love of literature and of any aspect related to culture and art, many of his interwar articles reveal a fine analytical sense at the political level. Steinhardt’s anchoring in political life and his concern for understanding political concepts and identifying the features of effective governance are revealed by reading, analysing and expos

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13

van Caenegem, R. C. "Constitutional History: Chance or Grand Design?" European Constitutional Law Review 5, no. 3 (2009): 447–63. http://dx.doi.org/10.1017/s1574019609004477.

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Two interpretations of constitutional history: product of chance or of design – Written v. unwritten constitutions – Political and historical backdrop of constitutional development – Evolution of interpretation of specific constitutional texts – Chances of a global constitution

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14

van Nifterik, Gustaaf. "French Constitutional History, Garden or Graveyard?" European Constitutional Law Review 3, no. 3 (2007): 476–87. http://dx.doi.org/10.1017/s1574019607004762.

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On 29 May 2005 the French said no to the draft of a European Constitution. And frankly, the French should know about constitutions! One can differ whether the history of France should be considered a fruitful garden of constitutional thought, a graveyard of constitutional experiments, a ‘musée des constitutions’, or a minefield; in any case it is beyond doubt that the French are rather experienced in constitutions and constitutional changes. Since the French Revolution in 1789, France has been a monarchy, a republic more than once, an empire twice and a constitutional monarchy in between; the

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15

Hee Kyung Suh. "The Constitutional History of Korea and Constitutional Amendment in 1954." Journal of Korean Political and Diplomatic History 35, no. 2 (2014): 73–102. http://dx.doi.org/10.18206/kapdh.35.2.201402.73.

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16

Irkliienko, А. І. "The Constitutional Court in Austria: history and modernity." Analytical and Comparative Jurisprudence, no. 5 (December 30, 2022): 58–61. http://dx.doi.org/10.24144/2788-6018.2022.05.10.

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It has been found that the organization of the internal political life of the state, as well as nature and direction of its foreign policy is largely determined by the state system and political system of this state. Austria – a democratic legal state based on a principle of the supremacy of the constitution. The foundation of all actions of state authorities – legislative, judicial and executive, including government, – laid down in the constitution, that is, they must correspond to the constitution. In order for the supremacy of the constitution to exist not only on paper, but also to operat

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17

Badian, E., and R. E. Allen. "The Attalid Kingdom: A Constitutional History." American Historical Review 90, no. 1 (1985): 112. http://dx.doi.org/10.2307/1860762.

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18

Mann, Bruce H. "The Multiple Constitutions of Constitutional History." Law and History Review 16, no. 2 (1998): 387–90. http://dx.doi.org/10.2307/744106.

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One of my few unrepressed childhood memories is of a high-school field trip to the Massachusetts State House in Boston. The docent, a hapless but not entirely innocent volunteer, addressed us in a tone of perky condescension usually reserved for precocious six-year-olds. Thus, when he stood before an object of local veneration—the state constitution of 1780, I think, or perhaps one of the royal charters—and clucked, “Now class, does anyone know what ‘constitution’ means?,” it was with casual adolescent malice that a voice from the back answered, “Yeah, it has something to do with metabolism.”

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19

Rush, Michael. "Constitutional History of the United Kingdom." Representation 41, no. 2 (2005): 127–28. http://dx.doi.org/10.1080/00344890508523297.

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20

Wexler, Jay. "The Contract Clause: A Constitutional History." Journal of Interdisciplinary History 48, no. 3 (2017): 415–17. http://dx.doi.org/10.1162/jinh_r_01179.

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21

Nelson, William E. "History and Neutrality in Constitutional Adjudication." Virginia Law Review 72, no. 7 (1986): 1237. http://dx.doi.org/10.2307/1073091.

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22

Bartee, Wayne C. "Constitutional History of the United Kingdom." History: Reviews of New Books 32, no. 3 (2004): 103. http://dx.doi.org/10.1080/03612759.2004.10528666.

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23

Levaggi, Abelardo. "Three Matters Concerning Argentine Constitutional History." Rechtsgeschichte - Legal History 2010, no. 16 (2010): 082–84. http://dx.doi.org/10.12946/rg16/082-084.

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24

Barak-Erez, Daphne. "History and Memory in Constitutional Adjudication." Federal Law Review 45, no. 1 (2017): 1–16. http://dx.doi.org/10.1177/0067205x1704500101.

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This article considers the different ways in which judicial decisions use and narrate history. It distinguishes between several forms of judicial recourse to history, including the difference between decisions which refer to general history and decisions that refer to the history of legal documents; and the difference between decisions on factual controversies that have historical significance and decisions that take judicial notice of history. At the same time, this article recognises that the division between these categories is not clear-cut. An analysis of constitutional case law sheds lig

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25

Permatasari, Indah, and I. Made Subawa. "History of Judicial Review in Indonesia." International Journal of Multicultural and Multireligious Understanding 11, no. 2 (2024): 541. http://dx.doi.org/10.18415/ijmmu.v11i2.5599.

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The granting of judicial review powers to various state institutions has raised problems in practice. The Constitutional Court is granted the power of judicial review based on the provisions of Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia, which states that the Constitutional Court has the power to hear cases in the first and last instance and its decision is final to review legislation against the Constitution. Meanwhile, based on the provisions of Article 24A paragraph (1) of the 1945 Constitution of the Republic of Indonesia, in the event that there is leg

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26

Hein, Michael. "Entrenchment Clauses in the History of Modern Constitutionalism." Tijdschrift voor rechtsgeschiedenis 86, no. 3-4 (2018): 434–81. http://dx.doi.org/10.1163/15718190-08634p06.

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SummaryThis article examines the origins, differentiation, and migration of constitutional entrenchment clauses from the beginning of modern constitutionalism until today. It is based on a broad understanding of ‘entrenchment clauses,’ covering all constitutional provisions that make amendments either to certain parts of a constitution or under certain circumstances more difficult to achieve than ‘normal’ amendments or even impossible, i.e., legally inadmissible. In particular, the article answers three questions: (1) When, and in which contexts, did the different types of constitutional entre

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27

Ross, Michael, and Keith E. Whittington. "Constitutional Construction: Divided Powers and Constitutional Meaning." Journal of Southern History 67, no. 1 (2001): 167. http://dx.doi.org/10.2307/3070106.

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28

Silva, Flávio. "O 25 de Abril e a reorientação da política externa portuguesa: a redefinição das prioridades da ação externa com os Governos Provisórios e o I Governo Constitucional (1974-1978)." População e Sociedade 41 (June 30, 2024): 35–51. http://dx.doi.org/10.52224/21845263/rev41a4.

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The military coup of 25th of April 1974, and the consequent revolution initiated a process of democratic transition that triggered profound changes in the political, economic, and social structures of the country. This article seeks to analyze the implications of these transformations on Portuguese foreign policy, exploring the dynamics behind the transition from an Atlanticist and imperial strategic orientation during the Estado Novo to the new post-25th April guidelines. In an international context marked by détente, a new phase of the eternal debate between land and sea was inaugurated. Aft

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29

Pleskach, V. Y. "History of establishment and features of constitutional control in Estonia." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 110–14. http://dx.doi.org/10.24144/2788-6018.2023.01.18.

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Ukraine has chosen for itself the European model of centralized constitutional control, which implies creation of a separate Constitutional Court to resolve cases on the constitutionality of laws and some other legal acts. Of course, this model is not unique is also not the only one in the organization of constitutional control among those used in Europe. One of the most attention-grabbing alternative options for the organization of constitutional control is the Estonian model - which, although it is similar to those countries where disputes about the constitutionality of laws are resolved by

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30

Kruzslicz, Péter Pál. "History by and for a National Constitution: The Example of the Hungarian Fundamental Law." Law, Identity and Values 3, no. 1 (2023): 145–58. http://dx.doi.org/10.55073/2023.1.145-158.

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The Fundamental Law of Hungary can serve as a very particular, even though not exceptional, especially in Central European region, example for studying the relationship between history and constitution. With two recent events, this study highlights the timely interest for that matter in Hungarian constitutional law. Also, from the beginning, it renders that history and constitutionalism are closely linked in many aspects, already by the definition of constitutional law. In order to be able to analyse in a very complex Hungarian constitutional context the role of history, first, a methodologica

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31

McKean, Robert B. "Constitutional Russia." Revolutionary Russia 9, no. 1 (1996): 33–42. http://dx.doi.org/10.1080/09546549608575645.

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32

Hatzenbuehler, Ronald L., and Sanford Levinson. "Constitutional Faith." Journal of Southern History 56, no. 2 (1990): 347. http://dx.doi.org/10.2307/2210251.

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33

Bzova, L., and A. Pankratova. "History and systems of control of constitutionality: international experience." Uzhhorod National University Herald. Series: Law 1, no. 75 (2023): 71–74. http://dx.doi.org/10.24144/2307-3322.2022.75.1.11.

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This article examines the historical evolution of constitutionality control, its concept and its various systems. In the study of modern constitutionalism, the topic of constitutional control, especially from the side of constitutional jurisdiction exercised by constitutional courts, is gaining more and more strength. The control of constitutionality is the supervision of the compatibility of regulatory acts with the constitutional text. From supremacy and constitutional centrality, any laws, to remain valid in the national legal system, must maintain respect, formal and substantive, for the c

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34

Mark, Gregory A., William Lee Miller, and David M. Rabban. "Forgotten Constitutional History: The Production and Migration of Meaning within Constitutional Cultures." Michigan Law Review 97, no. 6 (1999): 1673. http://dx.doi.org/10.2307/1290224.

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35

Hofstätter, Christoph. "Transitional periods in the history of the Austrian Constitutional Court." International and Comparative Law Review 20, no. 1 (2020): 283–92. http://dx.doi.org/10.2478/iclr-2020-0013.

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SummaryThe paper deals with the long and rich history of the Austrian Constitutional Court. It focuses on the role of the Austrian Constitutional Court in times of political transitions. As written version of a lecture held in Sousse (Tunisia) it tends to outline the impact a constitutional court could have on a young democracy’s political system.

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36

Heo, Wan-Jung. "The starting point of Korean constitutional history." Korean Constitutional Law Association 26, no. 4 (2020): 1–53. http://dx.doi.org/10.35901/kjcl.2020.26.4.1.

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37

White, G. Edward. "The Arrival of History in Constitutional Scholarship." Virginia Law Review 88, no. 3 (2002): 485. http://dx.doi.org/10.2307/1073979.

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38

Kurtović, Rejhan. "Constitutional history of protection of national minorities." Megatrend revija 15, no. 3 (2018): 65–80. http://dx.doi.org/10.5937/megrev1801065k.

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39

HARITONOVA, Olympiad Nikolaevna, and Anisa Aslanbekovna POPANOVA. "CONSTITUTIONAL PROCEEDINGS IN RUSSIA: HISTORY AND MODERNITY." Право и государство: теория и практика, no. 3 (2021): 127–28. http://dx.doi.org/10.47643/1815-1337_2021_3_127.

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40

Nunes, Diego. "Academic Freedom in the Brazilian Constitutional History." Historia Constitucional, no. 22 (September 4, 2021): 791–809. http://dx.doi.org/10.17811/hc.v0i22.657.

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This work aims to analyse the principle of academic freedom in Brazilian constitutionalism, throught the lens of Legal History, to understand when this specific rule became part of the set of fundamental rights in Brazil. To do this I will present the parliamentary debates in the Constitutional Assembly in 1934 when it was first mentioned, and the thoughts of certain legal scholars on the subject in the comments on Brazilian constitutions. As results, I present some contemporary issues where this historical approach can be useful. Enviado el (Submission Date): 18/04/2020 Aceptado el (Acceptanc

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41

Forbath, William E. "Constitutional Change and the Politics of History." Yale Law Journal 108, no. 8 (1999): 1917. http://dx.doi.org/10.2307/797376.

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42

Moglen, Eben, and Owen M. Fiss. "Holmes's Legacy and the New Constitutional History." Harvard Law Review 108, no. 8 (1995): 2027. http://dx.doi.org/10.2307/1341952.

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43

Kim, Seon-Taek. "Incorporation of History into the Constitutional Preamble." Korea Law Review 113 (June 30, 2024): 171–219. http://dx.doi.org/10.36532/kulri.2024.113.197.

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44

Fernández Sarasola, Ignacio. "Models of constitutional amendment in Spanish history." International Journal of Human Rights and Constitutional Studies 7, no. 4 (2020): 404. http://dx.doi.org/10.1504/ijhrcs.2020.10033744.

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45

Sarasola, Ignacio Fernández. "Models of constitutional amendment in Spanish history." International Journal of Human Rights and Constitutional Studies 7, no. 4 (2020): 404. http://dx.doi.org/10.1504/ijhrcs.2020.111509.

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46

Hyman, Harold M. "Abraham Lincoln, Legal Positivism, and Constitutional History." Journal of the Abraham Lincoln Association 13, no. 1 (1992): 1–11. https://doi.org/10.5406/19457987.13.1.03.

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47

Voitovych, Nataliia. "HISTORICAL BACKGROUND AND LEGAL ANALYSIS OF SURVEILLANCE IN CRIME PREVENTION." Intermarum history policy culture, no. 8 (December 30, 2020): 189–209. http://dx.doi.org/10.35433/history.112011.

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The aim of the research is to study the historical preconditions and legal regulation of surveillance in combating crime in the XIX century. At the same time, the author's goal is to compare peculiarities of the instruments of system fight against crime (the method of operational search actions, hereinafter - OSA) and covert investigative activities in countries with different forms of government and diverse political systems.The methodology of the research is: adherence to the principles of objectivity, scientificity and historicism contributed to consistent disclosure of preconditions, conte

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48

Cornell, Saul. "Moving Beyond the Canon of Traditional Constitutional History: Anti-Federalists, the Bill of Rights, and the Promise of Post-Modern Historiography." Law and History Review 12, no. 1 (1994): 1–28. http://dx.doi.org/10.1017/s0738248000011238.

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Few aspects of post-structuralist literary criticism have garnered as much attention and provoked as much controversy as the move to challenge the idea of a fixed literary canon of great texts. The implications of deconstructing the canon extend well beyond the study of fiction. All fields of scholarship have a canon of established texts, methodologies, and questions. Critiques of the literary canon resemble the challenge to conventional history posed by the new social history and its efforts to write a history from the bottom up that would supplant traditional historical scholarship. A simila

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49

Törő, László Dávid. "Ferenc Eckhart:." Moving the Social 64 (December 1, 2020): 103–20. http://dx.doi.org/10.46586/mts.64.2020.103-120.

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An influential historian of constitutional and economic history, Ferenc Eckhart, contributed greatly to the Hungarian historical writing in the first half of the 20th century. He paved the way for a much more historical and analytical view of constitutional history while fiercely debating narrow-minded, nationalist interpretations of Hungarian constitutional history. This paper attempts to give a short overview of this ouvre and to highlight the progressive elements in his historical writing.

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50

Price, Peter. "Provincializing Constitutions: History, Narrative, and the Disappearance of Canada’s Provincial Constitutions." Perspectives on Federalism 9, no. 3 (2017): E—31—E—56. http://dx.doi.org/10.1515/pof-2017-0019.

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Abstract Constitutional scholarship in Canada since Confederation has been characterized by two primary narratives. The dualist narrative, which characterized constitutional scholarship between the late-nineteenth and mid-twentieth centuries, focussed on the parallel developments of provincial and federal constitutions. The monist narrative, which has become the dominant model of interpretation since the mid-twentieth century, focusses on the federal constitution as a singular foundation of constitutionalism in Canada. As a result of the shift from dualism to monism, provincial constitutions h

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