Western political systems tend to be 'constitutional democracies', dividing the system into a domain of politics, where the people rule, and a domain of law, set aside for a trained elite. Antoni Abat i Ninet strives to resolve these apparently exclusive

This book challenges traditional theories of constitution-making to advance an alternative view of constitutions as being founded on power which rests on violence. The work argues that rather than the idea of a constitution being the result of political participation and deliberation, all power instead is based on violence. Hence the creation of a constitution is actually an act of coercion, where, through violence, one social group is able to impose itself over others. The book advocates that the presence of violence be used as an assessment of whether genuine constitutional transformation has taken place, and that the legitimacy of a constitutional order should be dependent upon the absence of killing. The book will be essential reading for academics and researchers working in the areas of constitutional law and politics, legal and political theory, and constitutional history.

Conceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power.

This anthology brings together classic perspectives on violence, putting into productive conversation the thought of well-known theorists and activists, including Hannah Arendt, Karl Marx, G. W. F. Hegel, Osama bin Laden, Sigmund Freud, Frantz Fanon, Thomas Hobbes, and Pierre Bourdieu. The volume proceeds from the editors’ contention that violence is always historically contingent; it must be contextualized to be understood. They argue that violence is a process rather than a discrete product. It is intrinsic to the human condition, an inescapable fact of life that can be channeled and reckoned with but never completely suppressed. Above all, they seek to illuminate the relationship between action and knowledge about violence, and to examine how one might speak about violence without replicating or perpetuating it. On Violence is divided into five sections. Underscoring the connection between violence and economic world orders, the first section explores the dialectical relationship between domination and subordination. The second section brings together pieces by political actors who spoke about the tension between violence and nonviolence—Gandhi, Hitler, and Malcolm X—and by critics who have commented on that tension. The third grouping examines institutional faces of violence—familial, legal, and religious—while the fourth reflects on state violence. With a focus on issues of representation, the final section includes pieces on the relationship between violence and art, stories, and the media. The editors’ introduction to each section highlights the significant theoretical points raised and the interconnections between the essays. Brief introductions to individual selections provide information about the authors and their particular contributions to theories of violence. With selections by: Hannah Arendt, Walter Benjamin, Osama bin Laden, Pierre Bourdieu, André Breton, James Cone, Robert M. Cover, Gilles Deleuze, Friedrich Engels, Frantz Fanon, Michel Foucault, Sigmund Freud, Mohandas Gandhi, René Girard, Linda Gordon, Antonio Gramsci, Félix Guattari, G. W. F. Hegel, Adolf Hitler, Thomas Hobbes, Bruce B. Lawrence, Elliott Leyton, Catharine MacKinnon, Malcolm X, Dorothy Martin, Karl Marx, Chandra Muzaffar, James C. Scott, Kristine Stiles, Michael Taussig, Leon Trotsky, Simone Weil, Sharon Welch, Raymond Williams

India became independent in 1947 and, after nearly three years of debate in the Constituent Assembly, adopted a Constitution that came into effect on 26 January 1950. This Constitution has lasted until the present, with its basic structure unaltered, a remarkable achievement given that the generally accepted prerequisites for democratic stability did not exist, and do not exist even today. Half a century of constitutional democracy is something that political scientists and legal scholars need to analyze and explain. This volume examines the career of constitutional-political ideas (implicitly of Western origin) in the text of the Indian Constitution or implicit within it, as well as in actual political practice in the country over the past half-century.

This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitutional perspective. Elucidating these issues from different methodological and conceptual perspectives produces novelties in the scientific and constitutional debate. The interplay between constitutions, constitutional law, and secession is indeed explored from philosophical, socio-legal, but also from strict constitutional law outlooks. Written by constitutional and public international law experts, the book will be of interest to students, academics, and researchers working in the areas of constitutional law, legal theory, theory of the state, philosophy of law, and political science.