Studies in the History of Law and Justice 6 Series Editors: Georges Martyn · Mortimer Sellers
Reconsidering Constitutional Formation I
National Sovereignty
Ulrike Müßig Editor
A Comparative Analysis of the
Juridification by Constitution
Studies in the History of Law and Justice
Volume 6
Series editors Georges Martyn
University of Ghent , Gent , Belgium Mortimer Sellers
University of Baltimore , Baltimore , Maryland, USA Editorial Board
António Pedro Barbas Homem, Universidade de Lisboa Emanuele Conte, Università degli Studi Roma Tre
Gigliola di Renzo Villata, Università degli Studi di Milano Markus Dirk Dubber, University of Toronto
William Ewald, University of Pennsylvania Law School Igor Filippov, Moscow State University
Amalia Kessler, Stanford University
Mia Korpiola, Helsinki Collegium for Advanced Studies Aniceto Masferrer, Universidad de Valencia
Yasutomo Morigiwa, Nagoya University Graduate School of Law Ulrike Muessig, Universität Passau
Sylvain Soleil, Université de Rennes James Q.Whitman, Yale Law School
The purpose of this book series is to publish high quality volumes on the history of law and justice.
Legal history can be a deeply provocative and infl uential fi eld, as illustrated by the growth of the European universities and the ius commune , the French Revolution, the American Revolution, and indeed all the great movements for national liberation through law. The study of history gives scholars and reformers the models and cour- age to question entrenched injustices, by demonstrating the contingency of law and other social arrangements.
Yet legal history today fi nds itself diminished in the universities and legal academy. Too often scholarship betrays no knowledge of what went before, or why legal institutions took the shape they did. This series seeks to remedy that defi ciency.
Studies in the History of Law and Justice will be theoretical and refl ective.
Volumes will address the history of law and justice from a critical and comparative viewpoint. The studies in this series will be strong bold narratives of the develop- ment of law and justice. Some will be suitable for a very broad readership.
Contributions to this series will come from scholars on every continent and in every legal system. Volumes will promote international comparisons and dialogue.
The purpose will be to provide the next generation of lawyers with the models and narratives needed to understand and improve the law and justice of their own era.
The series includes monographs focusing on a specifi c topic, as well as collec- tions of articles covering a theme or collections of article by one author.
More information about this series at http://www.springer.com/series/11794
Ulrike Müßig
Editor
Reconsidering Constitutional Formation I National
Sovereignty
A Comparative Analysis of the Juridifi cation by Constitution
This project has received funding from the European Union’s Seventh Framework Programme for research, technological development and demonstration under grant agreement no. 339529.
ReConFort is a research project in the fi eld of legal history (ERC-AG-SH6 – ERC Advanced Grant – The study of the human past).
The positions expressed are those of the authors and do not necessarily refl ect the offi cial opinion of the ERC or the European Commission.
ISSN 2198-9842 ISSN 2198-9850 (electronic) Studies in the History of Law and Justice
ISBN 978-3-319-42404-0 ISBN 978-3-319-42405-7 (eBook) DOI 10.1007/978-3-319-42405-7
Library of Congress Control Number: 2016950195
© The Editor(s) (if applicable) and The Author(s) 2016. This book is published open access.
Open Access This book is distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits use, duplication, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, a link is provided to the Creative Commons license and any changes made are indicated.
The images or other third party material in this book are included in the work’s Creative Commons license, unless indicated otherwise in the credit line; if such material is not included in the work’s Creative Commons license and the respective action is not permitted by statutory regulation, users will need to obtain permission from the license holder to duplicate, adapt or reproduce the material.
This work is subject to copyright. All commercial rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifi cally the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfi lms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specifi c statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use.
The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made.
Printed on acid-free paper
This Springer imprint is published by Springer Nature
The registered company is Springer International Publishing AG Switzerland Editor
Ulrike Müßig
Advanced Grantee of the ERC Chair of Civil Law
German and European Legal History University of Passau
Passau , Germany
v
Acknowledgements
This volume reports on the fi rst research results of the ERC Advanced Grant ReConFort, Re considering Con stitutional F o r ma t ion. The transdisciplinary project deals with selected constitutional discourses in eighteenth and nineteenth century Europe and focuses on the experimental ambiguity or indetermination of constitu- tional texts with regard to state-organisational core elements. At the invitation of the University of Macerata from 9 to 11 March 2015, the post docs and myself as prin- cipal investigator presented the research results on national sovereignty. The essays of this volume rely on the elaborated version of the papers given in Macerata. This book wouldn’t have come into existence without the help of many I express my warmest thanks here. I am particularly grateful to Luigi Lacché (Macerata) who invited us for the spring conference 2015; to Brecht Deseure (Brussels), Giuseppe Mecca (Macerata) and Anna Tarnowska (Torún) for their excellent commitment to the project, to Shavana Musa (Manchester) for her native speaker’s correction of my texts and to the doctoral students (Franziska Meyer, Passau; Joachim Kummer, Berlin) for their support with sources and literature. My thanks also go to the organ- isational masterminds of ReConFort Stefan Schmuck (Passau) and Elisabeth Schneider (secretary at my chair) who gave much of their time to bring my ideas into life.
Passau, July 2016 Ulrike Müßig
