Revolutionary constitutionalism : law, legitimacy, power

著者

• Revolutionary Constitutionalism Conference
• Albert, Richard (Law professor)
• Yale Law School
• Ackerman, Bruce A.

書誌事項

Revolutionary constitutionalism : law, legitimacy, power

edited by Richard Albert

Hart, 2020

• : hardback

注記

"This book, the result of a major international conference held at Yale Law School, contains contributions from leading scholars in public law who engage critically with Bruce Ackerman's path-breaking book, Revolutionary Constitutions: Charismatic Leadership and the Rule of Law."--P. [i]

Includes bibliographical references and index

内容説明・目次

内容説明

This book, the result of a major international conference held at Yale Law School, contains contributions from leading scholars in public law who engage critically with Bruce Ackerman's path-breaking book, Revolutionary Constitutions: Charismatic Leadership and the Rule of Law. The book also features a rebuttal chapter by Ackerman in which he responds directly to the contributors' essays. Some advance Ackerman's theory, others attack it, and still others refine it - but all agree that the ideas in his book reset the terms of debate on the most important subjects in constitutionalism today: from the promise and perils of populism to the causes and consequences of democratic backsliding, from the optimal models of constitutional design to the forms and limits of constitutional amendment, and from the role of courts in politics to how we identify when the mythical 'people' have spoken. A must-read for all interested in the current state of constitutionalism.

目次

Introduction: A Global Tour of Constitutionalism Richard Albert 1. A Political, not a Legal History of the Rise of Worldwide Constitutionalism Dieter Grimm PART I THE LEGITIMATING FOUNDATIONS OF REVOLUTIONARY CONSTITUTIONALISM 2. A Defence of Non-representational Constitutionalism: Why Constitutions Need not be Representational Alon Harel 3. Constitutionalism and Society: Ackerman on Worldwide Constitution-Making and the Role of Social Forces Denis Baranger 4. Bruce Ackerman's Theory of History Roberto Gargarella 5. Constitutionalism and the Predicament of Postcolonial Independence Aziz Rana 6. Revolution on a Human Scale: Liberal Values, Populist Theory? Andrew Arato PART II CONSTITUTIONAL EVOLUTIONS AND TRANSFORMATIONS 7. Charismatic Fictions and Constitutional Politics Tom Ginsburg 8. Uncharismatic Revolutionary Constitutionalism Stephen Gardbaum 9. Unconventional Adaptation and the Authenticity of the Constitution Alessandro Ferrara 10. Constitutional Revolution, Legal Positivism and Constituent Power Yasuo Hasebe 11. The Traditions of Constitutional Change Richard Albert PART III THE FUTURE OF EUROPE 12. Constitutional Crossroads: A View from Europe Neil Walker 13. How Europe Brought Judicial Review to France: A Response to Bruce Ackerman Daniel Halberstam 14. Constituting the Judiciary, Constituting Europe Mitchel Lasser PART IV THE LAW AND POLITICS OF REVOLUTION 15. Sustaining Revolutionary Constitutions: From Movement Party to Movement Court Menaka Guruswamy 16. The Italian Constitution as a Revolutionary Agreement Marta Cartabia 17. Constitutional Strategy for a Polarised Society: Learning from Poland's Post-revolutionary Misfortunes Maciej Kisilowski 18. Choosing to Have Had a Revolution: Lessons from South Africa's Undecided Constitutionalism James Fowkes 19. The Race against Time Bruce Ackerman

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詳細情報

• NII書誌ID(NCID): BC00062221
• ISBN:
  • 9781509934577
• LCCN: 2019051906
• 出版国コード: uk
• タイトル言語コード: eng
• 本文言語コード: eng
• 出版地: Oxford
• ページ数/冊数: viii, 424 p.
• 大きさ: 24 cm
• 分類:
  • DC23 : 342
• 件名:
  • LCSH : Constitutional law -- Congresses