By Michel Rosenfeld

ISBN-10: 082231505X

ISBN-13: 9780822315056

Interest in constitutionalism and within the courting between constitutions, nationwide id, and ethnic, non secular, and cultural range has soared because the cave in of socialist regimes in jap Europe and the previous Soviet Union. seeing that international conflict II there has additionally been a proliferation of latest constitutions that vary in numerous crucial respects from the yankee structure. those advancements elevate many very important questions about the nature and scope of constitutionalism. The essays during this volume—written by means of a world team of admired criminal students, philosophers, political scientists, and social theorists—investigate the theoretical implications of contemporary constitutional advancements and produce priceless new views to undergo on many of the longest lasting questions confronting constitutionalism and constitutional theory.
Sharing a typical specialize in the interaction among constitutional id and person or team variety, those essays supply difficult new insights on topics starting from common constitutional norms and even if constitutional norms should be effectively transplanted among cultures to a attention of no matter if constitutionalism presents the capability to reconcile a various society’s quest for identification with its have to appropriately account for its variations; from the relation among constitution-making and revolution to that among collective pursuits and constitutional liberty and equality.
This collection’s huge scope and nontechnical sort will have interaction students from the fields of political thought, social idea, overseas reviews, and law.

Contributors. Andrew Arato, Aharon Barak, Jon Elster, George P. Fletcher, Louis Henkin, Arthur J. Jacobson, Carlos Santiago Nino, Ulrich ok. 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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The content of these norms, in tum, depends on the results of a process of democratic deliberation. Accordingly, we seem to have come full circle, with the ultimate meaning of the constitution depending somehow on democracy, thus apparently negating the legitimacy of judicial review. Nonetheless, by a further twist of the dialectic, it turns out that deliberative democracy itself depends for its survival on the operation of certain nondemocratic constraints designed to bolster the integrity of the democratic process and individual autonomy.

197, 197- 98. Schlink defines SUbjective rights as entitlements of the individual subject. Id. at 199. " Id. at 199. 52 Schlink does not use this terminology, but he does refer to subjective rights as entitlements. See id. at 199. He also refers to objective rights as rules of optimization. Id. at 199201. 50 51 22 Michel Rosenfeld utilities and determine social consequences as a precondition to the protection of rights. This requires the constitutional court to decide policy issues, and since questions concerning optimal social relations rarely have univocal determinate answers, it makes for significant uncertainty concerning the proper interpretation of the scope of fundamental rights.

This movement, the product of various influences (including the constitutional history of the United States), has promoted and inspired universal commitment to the principal ideas associated with constitutionalism. The United Nations Charter achieved universal commitment to the idea of individual human rights. 1O The Universal Declaration of Human Rights has been the vehicle for universalizing that commitment, establishing the source of human rights in a conception of human dignity, and giving content to the idea.

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Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives by Michel Rosenfeld


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