What Is a Constitutional Transition
“What is a Constitutional Transition?”, National Journal of Constitutional Law (2017), Forthcoming
20 Pages Posted: 21 Nov 2016
Date Written: 2016
A ‘constitutional transition’ may be defined as the period after a constitutional order has been abandoned and a new one is about to emerge. This paper is concerned with providing a framework for the identification of less clear instances of transition, such as the replacement of a constitution through ‘non-revolutionary’ means. In his attempt to achieve this, the author examines constitutional transitions from the lenses of the concept of the material constitution and of the theory of constituent power. The author concludes that, in analysing the phenomenon of constitutional transitions, it is necessary to look beyond the apparent or real legality of the process used to bring particular changes into existence.
Keywords: Constitutional Law, Constitutional Design
JEL Classification: K00, K10, K40
Suggested Citation: Suggested Citation