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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126 In 1864 , Wilson , speaking to a nation now alive to its revolutionary rights
and responsibilities , made his case for the Thirteenth Amendment not only on
the abstract ground of natural rights but on the interpretive ground , supported by
By making a constitution , the revolutionary forces are digging their own graves ;
the constitution is the final act of the ... According to this idea , the ensuing
political process is not controlled by the revolutionaries , but by the constitution .
THE SPECIAL FEATURE OF RESTORATION CONSTITUTIONS
Counterrevolutionary ( or more properly restoration ) constitutions may well
constitute the majority of constitutions , but the idea of modern constitution is
eminently a revolutionary ...
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Toward a First Amendment Jurisprudence
CONSTITUTIONALISM AS BRIDGE BETWEEN SELF
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