Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives

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Michel Rosenfeld
Duke University Press, 1994 - 434 pages
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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Contents

Toward a First Amendment Jurisprudence
23
Genetic
39
CONSTITUTIONALISM AS BRIDGE BETWEEN SELF
55
Revolution and Constitutionalism
85
Dilemmas Arising from the Power to Create
165
THE IDENTITY OF THE CONSTITUTIONAL SUBJECT
195
Constitutional Identity George P Fletcher
223
Constitutional Identity Robin West
245
A Philosophical Reconstruction
285
FREEDOM EQUALITY INDIVIDUALS GROUPS
333
Free Speech and the Cultural Contingency
353
Questions
369
On Property and Constitutionalism Cass R Sunstein
383
Transitional Constitutions Arthur J Jacobson
413
CONTRIBUTORS
431
Copyright

Master or Slave
261

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About the author (1994)

Michel Rosenfeld is Professor of Law at the Benjamin N. Cardozo School of Law at Yeshiva University and codirector of the Cardozo-New School Project on Constitutionalism. He is the author of Affirmative Action and Justice and coeditor of Deconstruction and the Possibility of Justice and Hegel and Legal Theory.

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