scholarly journals Constituting Our Constitution, Constituting Ourselves: Comments on Reva Siegel's Constitutional Culture, Social Movement Conflict and Constitutional Change

2006 ◽  
Vol 94 (5) ◽  
pp. 1455
Author(s):  
Martha Minow
Keyword(s):  
Social Movement ◽  
Constitutional Change ◽  
Constitutional Culture

Social Movements and the Legal Field: Becoming-Constituent

2019 ◽  
Vol 22 (1) ◽  
pp. 376-393 ◽  
Author(s):  
Xenia Chiaramonte
Keyword(s):  
Social Movements ◽  
Social Movement ◽  
Legal Theory ◽  
Constitutional Change ◽  
Legal Doctrine ◽  
Theoretical Understanding ◽  
Cause Lawyering ◽  
Legal Understanding ◽  
The Relationship

The relationship between social movements and the legal field is controversial and complex. This paper begins by recognizing that the concept of social movement does not belong to legal doctrine and then synthetically reconstruct the relevance of it for a legal understanding. In fact, even if this concept is not formally taken into account by constitutions or by legal codes, a socio-legal approach underscores the need for the comprehension and inclusion of collective phenomena into legal theory. First, the paper explores the way in which ‘social movement’ has been taken up and translated in the legal field through the concept of social change and constitutional change. Second, this research goes through various cases in which social movements use law strategically, from the phenomenon of cause lawyering to the litigation strategy. Finally, it stands for a theoretical understanding of the role of social movements in legal theory as a lively expression of ‘becoming-constituent’.

Social Movements and Constitutionalism in Japan, South Korea, and Taiwan

2019 ◽  
Vol 14 (S1) ◽  
pp. S51-S75
Author(s):  
Ngoc Son BUI
Keyword(s):  
Social Movements ◽  
South Korea ◽  
Social Movement ◽  
Constitutional Law ◽  
East Asian ◽  
Constitutional Change ◽  
Positive Account ◽  
Comparative Constitutional Law ◽  
The Creation ◽  
Full Consideration

AbstractThis article considers whether the academic inquiry of comparative constitutionalism in Japan, South Korea, and Taiwan may be further developed by a full consideration of the relevance of social movements. Integrating social movement theories into comparative constitutional law, this article argues that a more nuanced positive account of the creation and consolidation of constitutionalism in these East Asian polities must be situated within the engagement of social movements in discursive venues for formal and informal constitutional change.

‘The Torment of Our Powerlessness’: Addressing Indigenous Constitutional Vulnerability through the Uluru Statement’s Call for a First Nations Voice in Their Affairs

2018 ◽  
Vol 41 (3) ◽  
Keyword(s):  
First Nations ◽  
Constitutional Reform ◽  
Constitutional Change ◽  
Suitable Solution ◽  
Constitutional Culture ◽  
Legal Uncertainty ◽  
Parliamentary Supremacy ◽  
Political Communities ◽  
The Right

This article analyses and explores the Uluru Statement from the Heart’s call for a constitutionally guaranteed First Nations voice in their affairs, as constitutional reform intended to address the ongoing problem of Indigenous constitutional vulnerability and powerlessness. It contends that a First Nations voice is a suitable solution: it coheres and aligns with Australian constitutional culture and design which recognises, represents and gives voice to the preexisting political communities, or constitutional constituencies. The article evaluates, compares and attempts to refine drafting options to give effect to a First Nations constitutional voice, by reference to principles of constitutional suitability, responsiveness to concerns about parliamentary supremacy and legal uncertainty, and assessment of political viability. The article concludes that the proposal for a constitutionally enshrined First Nations voice strikes the right conceptual balance between pragmatism and ambition, for viable yet worthwhile constitutional change. With appropriate constitutional drafting and legislative design, such a proposal offers a ‘modest yet profound’ way of meaningfully addressing Indigenous constitutional vulnerability, by empowering the First Nations with a voice in their affairs.

Die Bewegung für Klimagerechtigkeit und Energiedemokratie in Deutschland.

2016 ◽  
Vol 46 (184) ◽  
pp. 403-421 ◽  
Author(s):  
Henrik Sander
Keyword(s):  
Social Movements ◽  
Social Movement ◽  
Movement Analysis ◽  
Climate Justice ◽  
Climate Politics ◽  
Historical Materialist

This article argues that social movement research must be renewed by a historical-materialist perspective to be able to understand the emergence and effects of the relatively new climate justice movement in Germany. The previous research on NGOs and social movements in climate politics is presented and the recent development of the climate justice movement in Germany is illustrated. In a final step two cases of climate movement campaigns are explained by means of the historical-materialist movement analysis proposed by the author.

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