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 140
... of public reason most fully to bear on the progressive meaning of human rights
in its own contextual circumstances . ... bequeathed to any people , is thus an
interpretive challenge to each generation ' s powers of universal moral reason .
... of public reason most fully to bear on the progressive meaning of human rights
in its own contextual circumstances . ... bequeathed to any people , is thus an
interpretive challenge to each generation ' s powers of universal moral reason .
Page 141
time and that , as a matter of public reason , must change our understanding of
how basic principles should be understood . If the progressive moral vision of
political community of the Reconstruction Amendments means anything , it
means ...
time and that , as a matter of public reason , must change our understanding of
how basic principles should be understood . If the progressive moral vision of
political community of the Reconstruction Amendments means anything , it
means ...
Page 248
The liberal then views such offense , as may be taken by overly sensitive souls ,
as not only an insufficient reason for regulating hate speech , but on the contrary
a reason to heighten its protection . The progressive views that offense as a ...
The liberal then views such offense , as may be taken by overly sensitive souls ,
as not only an insufficient reason for regulating hate speech , but on the contrary
a reason to heighten its protection . The progressive views that offense as a ...
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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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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 |