Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives

Published by Duke University Press 1994

Constitutionalism, Identity, Difference, and Legitimacy

Theoretical Perspectives

Edited by: Michel Rosenfeld

https://doi.org/10.1515/9780822396406

Overview
Contents

About this book

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

Author / Editor information

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.

Topics

Frontmatter Publicly Available Download PDF	i
CONTENTS Publicly Available Download PDF	vii
ACKNOWLEDGMENTS Publicly Available Download PDF	ix
I Introduction
Modem Constitutionalism as Interplay Between Identity and Diversity Michel Rosenfeld Requires Authentication Unlicensed Licensed Download PDF	1
II The Rebirth of Constitutionalism
A New Birth of Constitutionalism: Genetic Influences and Genetic Defects Louis Henkin Requires Authentication Unlicensed Licensed Download PDF	39
III Constitutionalism as Bridge Between Self and Other: The Politics and Legitimation of Constitution Making
Constitutional Bootstrapping in Philadelphia and Paris Jon Elster Requires Authentication Unlicensed Licensed Download PDF	57
Revolution and Constitutionalism in America David A. J. Richards Requires Authentication Unlicensed Licensed Download PDF	85
Constitutional Powermaking of the New Polity: Some Deliberations on the Relations Between Constituent Power and the Constitution Ulrich K. Preuss Requires Authentication Unlicensed Licensed Download PDF	143
Dilemmas Arising from the Power to Create Constitutions in Eastern Europe Andrew Arato Requires Authentication Unlicensed Licensed Download PDF	165
IV The Identity of the Constitutional Subject and the Search for Authoritative Constitutional Meaning
German Constitutional Culture in Transition Bernhard Schlink Requires Authentication Unlicensed Licensed Download PDF	197
Constitutional Identity George P. Fletcher Requires Authentication Unlicensed Licensed Download PDF	223
Reactionary Constitutional Identity Ruti G. Teitel Requires Authentication Unlicensed Licensed Download PDF	233
Toward a First Amendment Jurisprudence of Respect: A Comment on George Fletcher's Constitutional Identity Robin West Requires Authentication Unlicensed Licensed Download PDF	245
Hermeneutics and Constitutional Interpretation Aharon Barak Requires Authentication Unlicensed Licensed Download PDF	253
The Constitutional Judge: Master or Slave of the Constitution? Dominique Rousseau Requires Authentication Unlicensed Licensed Download PDF	261
A Philosophical Reconstruction of Judicial Review Carlos Santiago Nino Requires Authentication Unlicensed Licensed Download PDF	285
v Freedom, Equality, Individuals, Groups, and the Struggle Between Identity and Difference
Preferred Generations: A Paradox of Restoration Constitutions Andras Sajo Requires Authentication Unlicensed Licensed Download PDF	335
Free Speech and the Cultural Contingency of Constitutional Categories Frederick Schauer Requires Authentication Unlicensed Licensed Download PDF	353
The Multicultural Self: Questions of Subjectivity, Questions of Power M. M. Slaughter Requires Authentication Unlicensed Licensed Download PDF	369
VI On Drawing Constitutional Boundaries Between Self and Other: The Role of Property Rights
On Property and Constitutionalism Cass R. Sunstein Requires Authentication Unlicensed Licensed Download PDF	383
Transitional Constitutions Arthur J. Jacobson Requires Authentication Unlicensed Licensed Download PDF	413
INDEX Requires Authentication Unlicensed Licensed Download PDF	423
CONTRIBUTORS Requires Authentication Unlicensed Licensed Download PDF	431

Language: English
Publisher: Duke University Press
Pages
- Main content: 448

eBook

Published: October 25, 1994
ISBN: 9780822396406