Constitutionalism, identity, difference, and legitimacy : theoretical perspectives / edited by Michel Rosenfeld.
1994
Comp 910 C7661 1994 (Map It)
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Details
Title
Constitutionalism, identity, difference, and legitimacy : theoretical perspectives / edited by Michel Rosenfeld.
Uniform Title
Cardozo law review.
Published
Durham : Duke University Press, 1994.
Call Number
Comp 910 C7661 1994
ISBN
082231505X
0822315165 (pbk.) :
0822315165 (pbk.) :
Description
viii, 434 pages ; 24 cm
System Control No.
(OCoLC)30318608
Note
"Originally published as a special issue of the Cardozo law review, 'Comparative constitutionalism: theoretical perspectives on the role of constitutions in the interplay between identity and diversity,' volume 14, nos. 3-4 (January 1993)."--Title page verso.
Essays presented originally at a conference entitled "Comparative constitutionalism: theoretical perspectives on the role of constitutions in the interplay between identity and difference," which took place on Oct. 13-14, 1991, at the Benjamin N. Cardozo School of Law in New York City
Essays presented originally at a conference entitled "Comparative constitutionalism: theoretical perspectives on the role of constitutions in the interplay between identity and difference," which took place on Oct. 13-14, 1991, at the Benjamin N. Cardozo School of Law in New York City
Bibliography, etc. Note
Includes bibliographical references and index
Record Appears in
Added Author
Table of Contents
Acknowledgments
I
Introduction
Modern Constitutionalism as Interplay Between Identity and Diversity / Michel Rosenfeld
3
II
The Rebirth of Constitutionalism
A New Birth of Constitutionalism: Genetic Influences and Genetic Defects / Louis Henkin
39
III
Constitutionalism as Bridge Between Self and Other: The Politics and Legitimation of Constitution Making
Constitutional Bootstrapping in Philadelphia and Paris / Jon Elster
57
Revolution and Constitutionalism in America / David A. J. Richards
85
Constitutional Powermaking of the New Polity: Some Deliberations on the Relations Between Constituent Power and the Constitution / Ulrich K. Preuss
143
Dilemmas Arising from the Power to Create Constitutions in Eastern Europe / Andrew Arato
165
IV
The Identity of the Constitutional Subject and the Search for Authoritative Constitutional Meaning
German Constitutional Culture in Transition / Bernhard Schlink
197
Constitutional Identity / George P. Fletcher
223
Reactionary Constitutional Identity / Ruti G. Teitel
233
Toward a First Amendment Jurisprudence of Respect: A Comment on George Fletcher's Constitutional Identity / Robin West
245
Hermeneutics and Constitutional Interpretation / Aharon Barak
253
The Constitutional Judge: Master or Slave of the Constitution? / Dominique Rousseau
261
A Philosophical Reconstruction of Judicial Review / Carlos Santiago Nino
285
V
Freedom, Equality, Individuals, Groups, and the Struggle Between Identity and Difference
Preferred Generations: A Paradox of Restoration Constitutions / Andras Sajo
335
Free Speech and the Cultural Contingency of Constitutional Categories / Frederick Schauer
353
The Multicultural Self: Questions of Subjectivity, Questions of Power / M. M. Slaughter
369
VI
On Drawing Constitutional Boundaries Between Self and Other: The Role of Property Rights
On Property and Constitutionalism / Cass R. Sunstein
383
Transitional Constitutions / Arthur J. Jacobson
413
Index
423
Contributors
431