Rejecting Constituent Power

Author(s):  
Joel Colón-Ríos

This chapter examines two related traditions of thought that reject the existence of an extra-legal constituent power or deprive it of one of its main features. The first of these traditions, the doctrine of the historical or internal constitution, presented a direct challenge to the theory of constituent power. In Spain, the main exponent of this doctrine during the 19th century was Gaspar Melchor de Jovellanos, who held that rather than the result of an act of will, constitutions emerged through long historical processes and could not be simply created and recreated. The second (and related) line of attack against the concept of constituent power during the 19th century came from the French and Spanish doctrinaires. The doctrinaires rejected the idea that the people (or any other individual or group) had a right to create new constitutional orders. For them, sovereign authority belonged to reason itself, not to the monarch or the community. The chapter examines the practical implications of these ideas by exploring the debates that took place during the adoption of the Spanish Constitution of 1845.

2020 ◽  
Vol 37 (1-2) ◽  
pp. 1-40
Author(s):  
Andrew March

The 19th-century witnessed the first efforts to draw up constitutions in traditional Muslim monarchies. Far from emerging out of popular pressure, never mind revolution, these documents were largely motivated by the desire of rulers and their chief advisors to rationalize state legal and bureaucratic authority, in order to both strengthen central state control internally and also deal with increasing European pressure, particularly in fiscal and economic matters. Nonetheless these texts reflect a language of authority and legitimacy that is to a large extent a reflection of traditional Islamic constitutional theory, before the rise of popular, mass politics and the associated ideological transformation of Islamic political thought. This article focuses instead on the Tunisian constitutional moment of 1857-1861. I focus on two important sources for the study of the emergence of modern Islamic political-constitutional thought and the problem of sovereignty. The first set are the first attempts to create written constitutions for existing regimes and dynasties. The second set are the writings of important reformist intellectuals, both from within the lineage of traditional Islamic scholarship and from the class of new elites educated along “European” models, that sought to provide the intellectual and doctrinal justification for formal, written constitutions. The primary goal of this article is to explore an important moment in Islamic modernity for the purposes of drawing a contrast with 20th-century, post-caliphal Islamist thought. The primary themes visible in 19th-century Islamic constitutional thought, on my reading, are a primarily “descending” conception of sovereign constituent power with a strong emphasis on the pre-political existence of a divine law that is both binding and guiding, but not necessarily the exclusive source of lawmaking. So-called “descending” tropes of political authority are in evidence in two primary forms: first, specific offices (most notably the Caliphate) are seen as ordained by God and obligatory on the Muslim community, which does not create them; second, power is frequently spoken of as being bestowed on rulers directly, without any mediation or authorization by the people. Where the ruler is said to derive his authority from human appointment, authorization or acclamation, this is usually done by the “People Who Loose and Bind” (scholars or other social notables) on their own authority (whether grounded epistemically or in social recognition) without election by the people they are meant to represent. Finally, while the authority of God’s law is uniformly asserted, the texts in question—from constitutions to scholarly treatises—do not tend to be preoccupied with the concept of “sovereignty” and its precise location. As 19th-century constitutionalist movements were largely elite driven affairs that pursued limited, legally-constrained governance as a path to political and economic modernization, they did not yet face opposition from mass movements using the language of Islam as a mobilizing ideology. Rather, their opposition came from entrenched elites (including traditional Islamic religious authorities) who had not yet formulated a coherent counter-revolutionary language.


2019 ◽  
Vol 66 ◽  
pp. 221-244
Author(s):  
Alexander S. Tsipko

In the article the author analyzes the main notional lines in the work of A.I. Solzhenitsyn through the prism of Russian philosophy legacy. According to the author the analysis of the nature, motives and lie in the works of the writer are related to the respective works of F.M. Dostoevsky, K.N. Leontiev and other Russian thinkers. «All Communist content is turned into nonsense by the Russian life», and «all its nonsense is severe due to the intolerable truth of the suffering…», – this statement of F.A. Stepun is well pertinent to the creative work of A.I. Solzhenitsyn that shows vivid examples of barbaric cruelty of the authorities towards the people. Still, according to the author of the article, the reasons for such cruelty were reflected even earlier, in the works of Russian philosophers of the 19th century.


Polar Record ◽  
2011 ◽  
Vol 48 (3) ◽  
pp. 291-303 ◽  
Author(s):  
Maria Lähteenmäki

ABSTRACTThe academic study of local and regional history in Sweden took on a quite new form and significance in the 18th century. Humiliating defeats in wars had brought the kingdom's period of greatness to an end and forced the crown to re-evaluate the country's position and image and reconsider the internal questions of economic efficiency and settlement. One aspect in this was more effective economic and political control over the peripheral parts of the realm, which meant that also the distant region of Kemi Lapland, bordering on Russia, became an object of systematic government interest. The practical local documentation of this area took the form of dissertations prepared by students native to the area under the supervision of well known professors, reports sent back by local ministers and newspaper articles. The people responsible for communicating this information may be said to have functioned as ‘mimic men’ in the terminology of H.K. Bhabha. This supervised gathering and publication of local information created the foundation for the nationalist ideology and interest in ordinary people and local cultures that emerged at the end of the century and flourished during the 19th century.


2017 ◽  
Vol 13 (1) ◽  
pp. 9-24
Author(s):  
Akmal Hawi

The 19th century to the 20th century is a moment in which Muslims enter a new gate, the gate of renewal. This phase is often referred to as the century of modernism, a century where people are confronted with the fact that the West is far ahead of them. This situation made various responses emerging, various Islamic groups responded in different ways based on their Islamic nature. Some respond with accommodative stance and recognize that the people are indeed doomed and must follow the West in order to rise from the downturn. Others respond by rejecting anything coming from the West because they think it is outside of Islam. These circles believe Islam is the best and the people must return to the foundations of revelation, this circle is often called the revivalists. One of the figures who is an important figure in Islamic reform, Jamaluddin Al-Afghani, a reformer who has its own uniqueness, uniqueness, and mystery. Departing from the division of Islamic features above, Afghani occupies a unique position in responding to Western domination of Islam. On the one hand, Afghani is very moderate by accommodating ideas coming from the West, this is done to improve the decline of the ummah. On the other hand, however, Afghani appeared so loudly when it came to the question of nationality or on matters relating to Islam. As a result, Afghani traces his legs on two different sides, he is a modernist but also a fundamentalist. 


2008 ◽  
Vol 4 (1-2 (5)) ◽  
pp. 112-119
Author(s):  
Gayane Petrosyan

The poetry of the world-renowned poetess Emily Dickenson received general acclaim in the fifties of the previous century, 70 years after her death. This country-dwelling lady who had locked herself from the surrounding world, created one of the most precious examples of the 19th century American poetry and became one of the most celebrated poets of all time without leaving her own garden.Her soul was her universe and the mission of Dickenson’s sole was to open the universe to let the people see it. Interestingly, most of her poems lack a title, are short and symbolic. The poetess managed to disclose the dark side of the human brain which symbolizes death and eternity.


2020 ◽  
Vol 2020 (12-3) ◽  
pp. 143-152
Author(s):  
Tikhon Sergeyev ◽  
Vitaly Orlov ◽  
Valery Andreev

The article shows the contribution of two representatives of multinational Russia of the 19th century to the study of the ethnic culture of the Mongols: the first corresponding member of the Russian Academy of Sciences from the Chuvash, the founder of Sinology, an outstanding scientist-monk N. Ya. Bichurin (Fr. Iakinfa) (1777-1853) and the first Buryat scientist, the Buryat “Lomonosov”, Dorzhi Banzarov (1822-1855). Coming from the lower classes of the people, they became prominent representatives of the Russian democratic intelligentsia of the 19th century.


Author(s):  
John Wright

Perspectives on southern Africa’s past in the eras before the establishment of European colonial rule have been heavily shaped by political conflicts rooted in South Africa’s history as a society of colonial settlement. The archive of available evidence—archaeological finds, recorded oral materials, and colonial documents—together with the concepts used to give them meaning are themselves products of heavily contested historical processes. Archaeological evidence indicates that Homo sapiens, descended from earlier forms of hominin, was present in southern Africa at least 200,000 years ago, but many members of the South African public reject evolutionary notions of the past. From about 200 bce onward, groups of hunter-gatherers, pastoralists, and farmers were in constant contact in southern Africa. A widespread European settlerist view, based on deep-seated stereotypes of warring races and “tribes,” is that they were permanently in conflict: historical evidence shows that in fact they interacted and intermingled in a range of different ways. Interactions became yet more complex from the mid-17th century as settlers from Europe gradually encroached from the southwest Cape Colony into most of southern Africa. In some areas, settler graziers sought to wipe out groups of hunter-gatherers, and to break up pastoralist groups and enserf their members; in other areas, particularly in the shifting colonial frontier zone, mixed groups, including settlers, made a living from raiding and trading. In the 19th century, groups of settler farmers sought to subjugate African farmers, and seize their land and labor. Contrary to a common view, they had only limited success until, in the later 19th century, Britain, the major colonial power in the region, threw its weight decisively behind British settler expansion. Other Europeans—traders and missionaries in particular—worked with Africans to make profits and save souls. Some Africans sought to resist loss of land and sovereignty; others sought to take advantage of the colonial presence to seek new political allies, loosen ties to chiefs, find wage work, produce for the market, join churches, seek a book education, and incorporate Christian ideas into their politics. Even before they came under colonial domination, many chiefs sought to move from a long-established politics based on alliance making to a politics based on what Europeans called “tribal” rule.


2012 ◽  
Vol 56 (1) ◽  
pp. 33-40
Author(s):  
Ana Leticia Padeski Ferreira ◽  
Marchi Júnior Wanderley

Abstract The purpose of this article is to discuss the changes that took place in relation to the peculiarities of Capoeira within Brazilian society. This popular practice, which is considered a martial art, a dance and a game, developed during the 19th century, where it was practiced by individuals from the lower walks of life. Practicing Capoeira was a felony, as it posed a threat to public safety, order, and morality. Presently, it has been upgraded to a Brazilian cultural asset, which shows how the perception of its practice has changed. These changes follow the different views of the historical processes related to abolitionism and the perverse incorporation of blacks into society at that time, which have continued until present time, having undergone significant changes and grown as a valued physical expression


2003 ◽  
Vol 54 (1) ◽  
pp. 7-44
Author(s):  
Vagn Wåhlin

Folkelige og sociale bevagelser. Nyere forskningsretninger og kvalitative forstaelser[Popular and Social Movements. Recent Research Approaches and Qualitative Interpretations]By Vagn WahlinHowever fascinating Grundtvig himself is as a central figure in 19th century Denmark, we, the citizens of the Third Millennium, have to ask why and how he is also interesting today and how his word, work and influence spread. Part of the answer to that fundamental question lies in the fact that he was the right man at the right place at the right time, with the right tidings to tell some clergymen and many peasant farmers on their dominant, middle size, family farms that they were the core of the nation. But part of the answer is to be found in the fact that his followers managed to elevate him to the influencing position as an inspirer and prophet of a broad popular movement that lasted for generations after his death. This popular, national and Christian movement of the Grundtvigians interacted in the social and political development of more than a hundred years with the other broad popular and ideological movements of Denmark such as the Labour Movement, the more Evangelical movement of the Home Mission, the Temperance movements, the Suffragists and women’s organizations, the associations of the world of sport, the political and youth organizations, etc. They were all active on the local level and soon also on the national level and, from the 1880s and onwards, established more firm organizations and institutions to deal with practical matters such as schools, boy scouts, community houses, soccer stadiums, magazines, newspapers, political associations, trade unions, as well as organized economic and anticapitalistic activities by co-operative dairies, breweries, slaughterhouses, export companies etc. As long as the agrarian sector of society (until around 1960-1970) dominated the national export to pay for the large import of society, that pattern of popular movements, also in the urban industry, influenced most of Danish history and life - and is still most influential in today’s post-modern society.During absolutism (1660-1848), organized social activities and associations were forbidden or strictly controlled. Yet a growing and organized public debate appeared in Copenhagen in late 18th century, followed by literary and semi-political associations amongst the enlightened, urban bourgeoisie. Around 1840 the liberals had organized themselves into urban associations and through newspapers. They were ready to take over the power of the society and the state, but could only do so through an alliance with the peasant farmers in 1846 followed by the German uprising in 1848 by the liberals in Schleswig-Holstein.In Denmark there existed a rather distinct dividing line - economic, cultural, social and in terms of political power - between two dominant sectors of society: Copenhagen, totally dominant in the urban sector, in contrast to the agrarian world, where 80% of the population lived.In the urban as well as in the agrarian sectors of society, the movements mostly appeared to be a local protest against some modernization or innovative introductions felt as a threat to religious or material interests - except for a few cases, where the state wanted an enlightened debate as in the Royal Agrarian Society of 1769. Whether the said local protesters won or lost, their self organization in the matter could lead to a higher degree of civil activity, which again could lead to the spread of their viewpoints and models of early organization. The introduction of civil liberties by the Constitution of 1849 made it more easy and acceptable for the broad masses of society to organize. However, with the spread of organizations and their institutions in the latter part of the 19th century, an ethical and social understanding arose that the power of the organized citizens should be extended from the special or vested interests of the founding group to the benefit of the whole of society and of all classes.So everybody who contributes positively, little or much, to the upholding and development of Danish society should be benefited and embraced by the popular movements. Around 1925 the Labour Movement as the last and largest in number and very influential had finally accepted that ethical point of view and left the older understanding of the suppressed army of toiling and hungry workers. The people, the ‘folk’, and the country of all classes had then been united into ‘Danmark for folket’ (a Denmark o f by and fo r the people).So while a social movement may be an organization of mere protest or vested interests or a short-lived phenomena, a ‘folkelig bevagelse’ (popular movement) became what it was at first - in the understanding of the majority of the Danes, but not in the eyes of the 19th century bourgeois and landowner elite - a positive label. It is still so today, though it is now questioned by many of the more internationally-minded members of the new elite. The word ‘folk’ in the term ‘folkelig bevagelse’ is so highly valued that nearly all political parties of today have included it in their names. For the majority of people, Danish and popular and movements stand for the organized societal activity of those who accept the language, history, culture including religion, landscapes, national symbols, etc. of Denmark and who incorporate all this as a valid part of their self-understanding just as they actively take part in the mutual responsibility for their fellow countrymen. This general attitude is most clearly demonstrated when it is severely breached by some individual or group.With the addition of the Church and the Christian dimension, we have what is the essence of Grundtvig’s heritage. Without this source of inspiration, the popular movements up to a generation ago would have been different and perhaps of less importance, and without the popular movements, Grundtvig’s influence would have been less important in Denmark of the last hundred years. We may best understand this as a process of mutual dependency and of a mutual societal interaction.


Author(s):  
Georgy P. Melnikov

The culture of the Czech National Revival produced a symbolic autoidentification in figures of the Plowman and the Music. The drawings of J. Mánes and the sculptures of J. Myslbek perpetuated these figures as gender symbols of the Czech identity. The figures of the Plowman and the Music are presented in the Mánes’ drawing “Domov”. The semantics of the drawing is versatile, which provides an impulse for its culturological interpretation. A symbolic figure of the Plowman in historical and cultural consciousness of Czechs has been associated with Přemysl the Ploughman — the legendary founder of the Přemyslid dynasty. According to the Czech legend told by Cosmas of Prague, Přemysl was elected the prince upon the request by the Czech ruler Libuše, who then married him. The title of the drawing refers to the song of J. K. Tyl, which had become somewhat of an unofficial Czech anthem of the 19th century. In the Mánes’ drawing Libuše is substituted by a symbolic figure of the Music as a personification of the national genius of Czechs. Historical-patriotic connotations generate the image of the Czech people, which formed in the epoch of the National Revival. Moreover, the Czech identity manifested itself in gender as a harmony of the male and female principles, work, and music. The idea of organic work as the basis of art is introduced into the drawing`s composition. A series of Mánes’ drawings “The Music” came to be a vivid embodiment of the national identity, showing the life of a peasant accompanied by music from birth till death. The Myslbek’s sculpture “The Music”, which became lobby`s centerpiece of a new Czech sacred place — The National Theater in Prague, is presented as a personification of the Czech identity in culture. A female image of the Music is identified with the soul of the people in a state of sociocultural and political emancipation.


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