Constitutionalism, Identity, Difference, and Legitimacy: Theoretical PerspectivesMichel 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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Page 33
... individual and the state , and between the private and the public spheres.78 Actually , given a broad Lockean conception of property , according to which property encompasses not only possessions but also life and liberty , 79 ...
... individual and the state , and between the private and the public spheres.78 Actually , given a broad Lockean conception of property , according to which property encompasses not only possessions but also life and liberty , 79 ...
Page 320
... individual rights but are the natural extension thereof.63 This becomes apparent when one recog- nizes that a classical individual right , like the right to life , is not only violated by positive acts but also by the failure to provide ...
... individual rights but are the natural extension thereof.63 This becomes apparent when one recog- nizes that a classical individual right , like the right to life , is not only violated by positive acts but also by the failure to provide ...
Page 376
... individual preference even if that meant gender inequal- ity . The lower courts divided on the cultural issues . The district court ruled in favor of the tribe's group rights claim ; the appellate court in favor of Martinez's individual ...
... individual preference even if that meant gender inequal- ity . The lower courts divided on the cultural issues . The district court ruled in favor of the tribe's group rights claim ; the appellate court in favor of Martinez's individual ...
Contents
Toward a First Amendment Jurisprudence | 23 |
Genetic | 39 |
CONSTITUTIONALISM AS BRIDGE BETWEEN SELF | 55 |
Copyright | |
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American constitutionalism antebellum argued argument Bill of Rights Bundesverfassungsgericht BVerfG Carl Schmitt citizens civil society Clause conception consti constituent power constitution-making constitutional court constitutional identity constitutional interpretation constitutional politics constitutional scholarship constitutionalism Convention create culture debate decision delegates democracy democratic discussion Eastern Europe elected equal expression faction federal Fourteenth Amendment freedom French fundamental rights German German Democratic Republic Grundgesetz guarantee human rights idea inalienable individual institutions interests issues Jon Elster judge Judgment judicial review justice justified legislative legislature legitimacy legitimate liberty limited Lincoln Louis Henkin Madison majority ment moral norms objective principles political power political theory problem procedures protection question ratification reason Reconstruction Amendments relevant Republic republican revolution revolutionary role Rousseau rule Sajó slavery social speech stitutional subjective rights supra note Third Estate tion tional tradition tutional U.S. CONST United United States Constitution values vote