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Constitutional development and political reconstruction from nation-building to new constitutionalism

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Chapter Summary

The examples in this chapter shows the judicialization of politics as an important consequence of political reconstruction, post-colonial reconstruction in Zambia, post-Communist reconstruction in Russia, post-revolutionary Islamic reconstruction in Iran, with Bahrain pursuing its constitutional reconstruction with the ebbing of the third global wave of democratization on the shallow waters of the surrounding Persian Gulf. The post-ideological reconstruction of legality by the constitutional courts in the period of transition to democracy requires a “transitional” politicization of public law and an instrumental use of law. The issue of the constitutional construction of national identity and the role of religion in the new nation-state was raised i the first new post-colonial states created in the late 1940’s and early 1950's. The chapter argues that the higher law of the new constitutionalism can be said to consist of the protection of human rights of the individual but in a free and democratic society.

Keywords: constitutional legality; democratization; ideological constitution; judicial politics; nation-state; new constitutionalism; political reconstruction; post-colonial transition; post-communist era; religious identity



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