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What Is a Constitutional Transition

“What is a Constitutional Transition?”, National Journal of Constitutional Law (2017), Forthcoming

20 Pages Posted: 21 Nov 2016  

Joel I. Colón-Ríos

Victoria University of Wellington - Faculty of Law

Date Written: 2016

Abstract

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

Colón-Ríos, Joel I., What Is a Constitutional Transition (2016). “What is a Constitutional Transition?”, National Journal of Constitutional Law (2017), Forthcoming. Available at SSRN: https://ssrn.com/abstract=2871682 or http://dx.doi.org/10.2139/ssrn.2871682

Joel I. Colón-Ríos (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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