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Constitutional Violence

Legitimacy, Democracy and Human Rights

Antoni Abat i Ninet

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If constitutional legitimacy is based on violence, what does this mean for democracy?

Almost every state in the world has a written constitution and, for the great majority, the constitution is the law that controls the organs of the state. But is a constitution the best device to rule a country?

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Contents

Preface by Mark Tushnet
1. Introduction
2. Sovereignty and Constitution
3. Democracy
4. Legal Violence
5. Comparing Constitutional Violence
Afterword
Bibliography
Index.

About the Author

Antoni Abat i Ninet is Professor of Law at the University of Copenhagen. He graduated in Law from the University of Girona in 2001 and was awarded a PhD by the University of Barcelona in 2007. Before joining the University of Copenhagen, he was granted the Juan de la Cierva competitive research scholarship by Spain's Ministry for Science and Innovation. From 2002 to 2005, he taught Comparative Constitutional Law and Ancient Constitutionalism at the State University of New York, the Lincoln Law School of San José and was Visiting Scholar at Stanford University Law School. His research interests include: the theoretical foundations of constitutions; the links between constitution, constitutionalism and democracy; global economic constitutionalism. Professor Abat's articles and papers regularly appear in leading peer-reviewed journals in the U.S. and Europe (e.g. American Journal of Comparative Law, Ratio Juris, Philosophia quarterly of Israel).

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