TY - CHAP
T1 - The Rise of the Occupation Constitution
AU - Thornhill, Christopher
PY - 2021/12/31
Y1 - 2021/12/31
N2 - This chapter examines antinomies in the construction of political sovereignty expressed in constitutional law and international law in the state-building processes of the nineteenth century. It argues that the legal orders that framed early constitutional states reflected a limited understanding of war, in which warfare was perceived, in narrow legal terms, as a simple sovereign function. This concept of war obscured the actual conjunctures of military violence at this time, and it often triggered patterns of irregular military mobilization, in which classical forms of sovereign statehood were unsettled. This chapter then considers how, after 1945, many states began to organize their sovereignty more effectively. They did so by directing their constitutional systems towards a revised concept of warfare, acquiring features of an occupation constitution. The occupation constitution, fusing national constitutional law, international human rights law, and international humanitarian law, is central to many modern constitutions.
AB - This chapter examines antinomies in the construction of political sovereignty expressed in constitutional law and international law in the state-building processes of the nineteenth century. It argues that the legal orders that framed early constitutional states reflected a limited understanding of war, in which warfare was perceived, in narrow legal terms, as a simple sovereign function. This concept of war obscured the actual conjunctures of military violence at this time, and it often triggered patterns of irregular military mobilization, in which classical forms of sovereign statehood were unsettled. This chapter then considers how, after 1945, many states began to organize their sovereignty more effectively. They did so by directing their constitutional systems towards a revised concept of warfare, acquiring features of an occupation constitution. The occupation constitution, fusing national constitutional law, international human rights law, and international humanitarian law, is central to many modern constitutions.
KW - military constitutionalism
KW - unlimited warfare
KW - civil war
KW - sovereignty
KW - occupation constitution
UR - https://global.oup.com/academic/product/the-global-community-yearbook-of-international-law-and-jurisprudence-2020-9780197618721
U2 - 9780197618721.003.0004
DO - 9780197618721.003.0004
M3 - Chapter
SN - 9780197618721
T3 - The Global Community: yearbook of international law and jurisprudence
SP - 79
EP - 114
BT - The Global Community Yearbook of International Law and Jurisprudence 2020
A2 - Capaldo, Giuliana Ziccardi
PB - Oxford University Press
ER -