In the aftermath of the First World War, an important constituent activity flourishes in Central and Eastern Europe, which will give rise to various constitutional documents. Many of them will not remain into effect for too long, tragically overwhelmed by the European effects of the economic crisis that had began a few years earlier in the US and, subsequently, by the outbreak of the Second World War. However, some of the constitutional arrangements, as well as some of the institutional insights elaborated in those years, are important as a significant moment of reflection and constitutional experimentation that throws its heritage well beyond the end of that constituent season. That constituent moment is remembered as a rationalizing type. The different constituents establish constitutional documents with lists of innovative rights and describe the parliamentary government in detail, using the rigor of the written document. This approach to the constitutional dimension must be interpreted in conjunction with the emergence, in the contemporary period, of the neo-positivist philosophical movement. The greatest exponent of this philosophical current in the legal field is Hans Kelsen. He will write the Austrian constitution of 1920. What happened in the 1920s in Central and Eastern Europe is a constituent phase that announces final, rigid, written and guaranteed constitutionalism.
Constituțiile raționalizate ale anilor ’20 în Europa Centrală și de Est: laboratoare constituționale pentru constituționalismul rigid și garantat
laura Fabiano
2023-01-01
Abstract
In the aftermath of the First World War, an important constituent activity flourishes in Central and Eastern Europe, which will give rise to various constitutional documents. Many of them will not remain into effect for too long, tragically overwhelmed by the European effects of the economic crisis that had began a few years earlier in the US and, subsequently, by the outbreak of the Second World War. However, some of the constitutional arrangements, as well as some of the institutional insights elaborated in those years, are important as a significant moment of reflection and constitutional experimentation that throws its heritage well beyond the end of that constituent season. That constituent moment is remembered as a rationalizing type. The different constituents establish constitutional documents with lists of innovative rights and describe the parliamentary government in detail, using the rigor of the written document. This approach to the constitutional dimension must be interpreted in conjunction with the emergence, in the contemporary period, of the neo-positivist philosophical movement. The greatest exponent of this philosophical current in the legal field is Hans Kelsen. He will write the Austrian constitution of 1920. What happened in the 1920s in Central and Eastern Europe is a constituent phase that announces final, rigid, written and guaranteed constitutionalism.File | Dimensione | Formato | |
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