Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives
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
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Rather , Barak believes that the proper role of the judge is to interpret the
constitution in a manner that is consistent with its objective purpose — that is ,
with the fundamental contemporary values and policies that establish the identity
of the ...
In this respect , a judge exercising this kind of interpretation is acting in a counter
- majoritarian fashion . But , so is a judge who interprets the constitutional text
according to the subjective purpose of the creator of the text . The legitimacy of
THE CONSTITUTIONAL JUDGE : MASTER OR SLAVE OF THE CONSTITUTION
? Dominique Rousseau Both positivist and natural law doctrines are based on
the assumption that a constitution is a given , a reality both existing apart from the
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Toward a First Amendment Jurisprudence
CONSTITUTIONALISM AS BRIDGE BETWEEN SELF
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