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In: Judicial Cosmopolitanism

Abstract

Located at a crossroads between politics and law, constitutional preambles often represent the outcome of debates between different political forces over the founding principles of the Constitution. The discussions that took place during the drafting of the Preamble to the Ukrainian Constitution provide an insightful case study of this phenomenon. Influenced by its Soviet past and an unstable political environment, Ukraine has seen severe struggles among the political parties in order to reach an agreement over issues of particular sensitivity to the nation. By examining the case of Ukraine and its 1996 Constitution, this chapter also aims to contribute to the debate concerning the legal value of constitutional preambles.

In: Comparative Constitutional History
In: Comparative Constitutional History
In: Comparative Constitutional History
In: Comparative Constitutional History
In: Comparative Constitutional History
While comparative constitutional law is a well-established field, less attention has been paid so far to the comparative dimension of constitutional history. The present volume, edited by Francesco Biagi, Justin O. Frosini and Jason Mazzone, aims to address this shortcoming by bringing focus to comparative constitutional history, which holds considerable promise for engaging and innovative work along several key avenues of inquiry. The essays contained in this volume focus on the origins and design of constitutional governments and the sources that have impacted the ways in which constitutional systems began and developed, the evolution of the principle of separation of powers among branches of government, as well as the origins, role and function of constitutional and supreme courts.

Contributors: Mark Somos, Gohar Karapetian, Justin O. Frosini, Viktoriia Lapa, Miguel Manero de Lemos, Francesco Biagi, Catherine Andrews, Gonçalo de Almeida Ribeiro, Mario Alberto Cajas-Sarria, and Fabian Duessel.