Constitutionalism, Identity, Difference, and Legitimacy: Theoretical PerspectivesInterest 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 |
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Page 299
This is so because the law in question could only operate as a premise of
practical reasoning if it is accepted together with a more basic premise : Laws or
legal norms are derived from the social practice or the prescription which
establishes ...
This is so because the law in question could only operate as a premise of
practical reasoning if it is accepted together with a more basic premise : Laws or
legal norms are derived from the social practice or the prescription which
establishes ...
Page 320
However , once this stance is accepted the counter - majoritarian difficulty of
judicial review becomes much more dramatic , since any political decision may
ultimately affect , by action or omission , an individual right . Even if the present ...
However , once this stance is accepted the counter - majoritarian difficulty of
judicial review becomes much more dramatic , since any political decision may
ultimately affect , by action or omission , an individual right . Even if the present ...
Page 322
If , for instance , freely accepted standards allow the agent to kill or injure others ,
other people will see curtailed their ... except when it implies the acceptance of
an intersubjective moral standard , which allows the action notwithstanding its ...
If , for instance , freely accepted standards allow the agent to kill or injure others ,
other people will see curtailed their ... except when it implies the acceptance of
an intersubjective moral standard , which allows the action notwithstanding its ...
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Contents
Toward a First Amendment Jurisprudence | 23 |
Genetic | 39 |
CONSTITUTIONALISM AS BRIDGE BETWEEN SELF | 55 |
Copyright | |
13 other sections not shown
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Common terms and phrases
accepted according action Amendment American argued argument assembly authority citizens civil claim Clause conception concerning consti constituent power constitutional constitutionalism Convention Court create critical culture debate decision delegates democracy democratic determine discussion Eastern effect elected equal established Europe example existence expression fact federal freedom French fundamental rights German ground human rights idea identity important individual institutions interests interpretation issues judge Judgment judicial review justice justified legislative legitimacy legitimate liberty limited majority meaning ment moral nature norms objective original political position possible practice present principles problem procedures protection question reason reference reflect representative Republic respect revolutionary role rule slavery social society speech stitutional supra note theory tion tional tradition understanding United values vote
Bibliographic information
| Title | Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives Constitutional Conflicts S |
| Editor | Michel Rosenfeld |
| Edition | reprint |
| Publisher | Duke University Press, 1994 |
| ISBN | 0822315165, 9780822315162 |
| Length | 434 pages |
| Export Citation | BiBTeX EndNote RefMan |