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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Imposed Constitutions (constitutions octroyées)

Yasuo Hasebe

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 19 April 2021

Constitutions and amendments — Monarchy

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1. The concept of the ‘imposed constitution’ seems simple and clear: A written constitution is imposed on a people without their full agreement. Strictly speaking, the ‘full agreement’ will require that a majority of the people expressly consent to a constitution through a formal procedure. However, at least some part of the people may acquiesce. Whether a constitution is imposed or not is a question of degree, not of kind. As a result, we can detect only family resemblances among constitutions usually called imposed ones. 2. Inherent in this concept of imposed...
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