Constitutionalism, identity, difference, and legitimacy : theoretical perspectives / edited by Michel Rosenfeld.

Format:

Book

Contributor:

Rosenfeld, Michel, 1948-

Language:

English

Subjects (All):

Constitutional law.

Civil rights.

Legitimacy of governments.

State, The.

Physical Description:

1 online resource (447 p.)

Place of Publication:

Durham : Duke University Press, 1994.

Summary:

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, András Sajó, Frederick Schauer, Bernhard Schlink, M. M. Slaughter, Cass R. Sunstein, Ruti G. Teitel, Robin West

Contents:

Modern constitutionalism as interplay between identity and diversity / Michel Rosenfeld

A new birth of constitutionalism : genetic influences and genetic defects / Louis Henkin

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

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

Preferred generations : a paradox of restoration constitutions / András Sajó

Free speech and the cultural contingency of constitutional categories / Frederick Schauer

The multicultural self : questions of subjectivity, questions of power / M.M. Slaughter

On property and constitutionalism / Cass R. Sunstein

Transitional constitutions / Arthur J. Jacobson.

Notes:

"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)"--Title page verso.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

9780822315162

0822315165

9780822396406

0822396408

OCLC:

1141998170