Reconsidering Constitutional Formation II Decisive Constitutional Normativity

Identifies constitutional normativity in European constitutions Breaks new ground in approaches to constitutional history Sheds new light on historical discourses concerning fundamental laws, constitutionality, and unconstitutionality Presents the first English translation of the 'Constitution du Royaume de Pologne' (amended draft from 1813) Published Open Access

Autorentext

Ulrike Müßig , née Seif, is the Chair of the Department of Civil Law, German and European Legal History at the University of Passau. After studying law at the Universities of Würzburg and Cambridge, and as a visitor at the Université Paris II, Panthéon-Assas, she pursued her doctoral dissertation on comparative law, which was funded by the German National Academic Foundation. In 2000 she completed her postdoctoral qualification (habilitation) in European and German Legal History, Civil Law, Comparative Law and Private International Law at the University of Würzburg, which garnered her the Bayerischer Habilitationsförderpreis (1996). Her postdoctoral thesis on comparative legal history won the DFG (German Research Foundation) Heisenberg Prize in 2000, was published as a monograph in 2003, in a second edition in 2009, and in a Spanish translation El juez legal (Dykinson) in 2014. In 2013 Ulrike Müßig won the ERC Advanced Grant ReConFort (Reconsidering Constitutional Formation) for her research project on communication dependency of constitutional formation in 18th and 19th century Europe. Since 2014 she has been a corresponding member of the National Academy al-Andalus in the historicjudicial class (Ilustre Sociedad Andaluza de Estudios Histórico-Jurídicos), and was elected into the historicalphilosophical class of the Austrian Academy of Sciences in April 2015.

Zusammenfassung

Inhalt

Ulrike Müßig , A New Order of the Ages (Novus ordo seclorum) - Normativity and Precedence.- Gerald Stourzh , Development of Constitutional Precedence and the Constitutionalization of Individual Rights.- Anna Tarnowska , To which Constitution the Further Law of the Present Sejm have to adhere to in all Constitutional Precedence of the 3 May System.- Marcin Byczyk , Constitutional Precedence and Substantial Criminal Law: The 1815 Constitution of the Kingdom of Poland in the Practical Test of the Codification of the Polish Substantial Criminal Law.- Brecht Deseure , Constitutional Precedence and the Genesis of the Belgian Constitution of 1831.- Frederik Dhondt , Inaugurating a Dutch Napoleon? Conservative Criticism of the 1815 Constitution of the United Kingdom of the Netherlands.- Eirik Holmøyvik , Constituent Power and Constitutionalism in 19th Century Norway.- Giuseppe Mecca, In Keeping with the Spirit of the Albertine Statute. Constitutionalisation of the National Unification.- Thomas Olechowski , Legal Hierarchies in the Works of Hans Kelsen and Adolf Julius Merkl.