giovedì 27 novembre 2014

martedì 18 novembre 2014

The Revolutionary Portfolio: Constitution-Making and the Wider World in the American Revolution


Daniel J. Hulsebosch 


New York University School of Law

November 4, 2014

Suffolk University Law Review, Vol. 47, 2014
NYU School of Law, Public Law Research Paper No. 14-56 

Abstract:      
This article argues that American constitution-making in the founding era was an international process. At the outset of the Revolution, the Continental Congress and the revolutionary assemblies collaborated to construct a portfolio of foundational documents that American diplomats carried across the Atlantic to seek European support. In the spring and summer of 1776, Congress drafted three of the documents: the Declaration of Independence, the Articles of Confederation, and the Model Treaty. At exactly the same time, Congress recommended that the states draft a fourth type of document: state constitutions. Two dimensions of internationalism operated in the making of this portfolio. One was classically diplomatic: The documents were designed to persuade foreign states and their subjects to acknowledge American independence. The other was cultural and intellectual: The concepts and language with which the revolutionaries drafted their portfolio were part of a common transatlantic political culture, and the resulting documents were premised on the Enlightenment goal of redesigning government within and among nations to foster commerce and reduce the propensity for war. The portfolio thereby contributed to what can be called the "Constitutional Enlightenment." This second dimension was related to the first, in that legible government would help induce Europeans to see the American states as true states. The transatlantic elements of the portfolio provided European audiences with a stylized description of governance on the ground and an aspirational program for the new governments in progress. However, this intellectual dimension was also autonomous from diplomacy because it permitted Europeans to detach the revolutionary portfolio from the human events transpiring in North America and make it the object of transnational discussion about the optimal forms of institutional design, a discussion that could in turn be brought to bear on politics in Europe. The portfolio therefore helped transform the classical study of politics into the modern and potentially revolutionary project of comparative constitutionalism.

Number of Pages in PDF File: 65

mercoledì 12 novembre 2014

17 November Citizenship without Duties

17 November 15.30-17.30

Dimitry Kochenov
University of Groningen, Faculty of Law

Citizenship without Duties

http://www.stals.sssup.it/sssup-events

Scuola Superiore Sant'Anna, Pisa

17 November Scuola Sant'Anna Two Concepts of Religious Freedom in the European Court of Human Rights

17 November 11-13

Nehal Bhuta
European University Institute, Law Department- Fiesole

Two Concepts of Religious Freedom
in the European Court of Human 
Rights

Scuola Superiore Sant'Anna, Pisa

http://www.stals.sssup.it/sssup-events

lunedì 3 novembre 2014

Process and Constitution: The Heritage of Mauro Cappelletti

The conference
Process and Constitution: 
The Heritage of Mauro Cappelletti

jointly organized by
the European University Institute and the University of Florence 
will be held in Florence
Palazzo Vecchio, Salone de'Dugento
on Thursday, December 11, 2014
09:00 – 18:00


Scientific committee:

Vittoria Barsotti, Professor of Comparative Law, University of Florence

Hans-W. Micklitz, Head of the Law Department and Professor of Economic Law, European University Institute  

Vincenzo Varano, Professor Emeritus of Comparative Law, University of Florence  

J.H.H. Weiler, President, European University Institute

United Nations Audiovisual Library Lectures

The Lecture Series contains a permanent collection of lectures of enduring value on virtually every subject of international law given by leading international law scholars and practitioners from different regions, legal systems, cultures and sectors of the legal profession.

(taken from http://www.un.org/law/avl/)

http://www.un.org/law/avl/