Constitutionalism, identity, difference, and legitimacy : theoretical perspectives

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書誌事項

Constitutionalism, identity, difference, and legitimacy : theoretical perspectives

edited by Michel Rosenfeld

Duke University Press, 1994

  • : cloth
  • : paper

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注記

"Originally published as a special issue of the Cardozo law review, 'Comparative constitutionalism: theoretical perspectives on the role of constitutions in the interplay between identity and diversity,' vol. 14, nos. 3-4 (January 1993)"--T.p. verso

Includes bibliographical references and index

内容説明・目次

内容説明

Interest in constitutionalism and in the relationship among constitutions, national identity, and ethnic, religious, and cultural diversity has soared since the collapse of socialist regimes in Eastern Europe and the former Soviet Union. Since World War II there has also been a proliferation of new constitutions that differ in several essential respects from the American constitution. These two developments raise many important questions concerning the nature and scope of constitutionalism. The essays in this volume-written by an international group of prominent legal scholars, philosophers, political scientists, and social theorists-investigate the theoretical implications of recent constitutional developments and bring useful new perspectives to bear on some of the longest enduring questions confronting constitutionalism and constitutional theory. Sharing a common focus on the interplay between constitutional identity and individual or group diversity, these essays offer challenging new insights on subjects ranging from universal constitutional norms and whether constitutional norms can be successfully transplanted between cultures to a consideration of whether constitutionalism affords the means to reconcile a diverse society's quest for identity with its need to properly account for its differences; from the relation between constitution-making and revolution to that between collective interests and constitutional liberty and equality. This collection's broad scope and nontechnical style will engage scholars from the fields of political theory, social theory, international studies, and law. Contributors. Andrew Arato, Aharon Barak, Jon Elster, George P. Fletcher, Louis Henkin, Arthur J. Jacobson, Carlos Santiago Nino, Ulrich K. Preuss, David A. J. Richards, Michel Rosenfeld, Dominique Rousseau, Andras Sajo, Frederick Schauer, Bernhard Schlink, M. M. Slaughter, Cass R. Sunstein, Ruti G. Teitel, Robin West

目次

Acknowledgments I. Introduction Modern Constitutionalism as Interplay Between Identity and Diversity / Michael Rosenfeld II. The Rebirth of Constitutionalism A New Birth of Constitutionalism: Genetic Influences and Genetic Defects / Louis Henkin III. Constitutionalism as Bridge Between Self and Other: The Politics and Legitimation of Constitution Making Constitutional Bootstrapping in Philadelphia and Paris / Jon Elster Revolution and Constitutionalism in America / David A. J. Richards Constitutional Powermaking of the New Polity: Some Deliberations on the Relations Between Constituent Power and the Constitution / Ulrich K. Preuss Dilemmas Arising from the Power to Create Constitutions in Eastern Europe / Andrew Arato IV. The Identity of the Constitutional Subject and the Search for Authoritative Constitutional Meaning German Constitutional Culture in Transition / Bernhard Schlink Constitutional Identity / George P. Fletcher Reactionary Constitutional Identity / Ruti G. Teitel Toward a First Amendment Jurisprudence of Respect: A Comment on George Fletcher's Constitutional Identity / Robin West Hermeneutics and Constitutional Interpretation / Aharon Barak The Constitutional Judge: Master or Slave of the Constitution? / Dominique Rousseau A Philosophical Reconstruction of Judicial Review / Carlos Santiago Nino V. Freedom, Equality, Individuals, Groups, and the Struggle Between Identity and Difference Preferred Generations: A Paradox of Restoration Constitutions / Andras Sajo Free Speech and the Cultural Contingency of Constitutional Categories / Frederick Schauer The Multicultural Self: Questions of Subjectivity, Questions of Power / M. M. Slaughter VI. On Drawing Constitutional Boundaries Between Self and Other: The Role of Property Rights On Property and Constitutionalism / Cara R. Sunstein Transitional Constitutions / Arthur J. Jacobson Index Contributors

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