By Michel Rosenfeld
Sharing a standard specialise in the interaction among constitutional id and person or staff range, those essays supply difficult new insights on topics starting from common constitutional norms and no matter if constitutional norms might be effectively transplanted among cultures to a attention of even if constitutionalism presents the capability to reconcile a various society’s quest for id with its have to correctly account for its alterations; from the relation among constitution-making and revolution to that among collective pursuits and constitutional liberty and equality.
This collection’s extensive scope and nontechnical type will have interaction students from the fields of political conception, social thought, foreign reports, and law.
Contributors. Andrew Arato, Aharon Barak, Jon Elster, George P. Fletcher, Louis Henkin, Arthur J. Jacobson, Carlos Santiago Nino, Ulrich okay. 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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Additional resources for Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives
Example text
Parliamentary supremacy, once the pride of constitutional ideology, is now particularly vulnerable to criticism that it provides no respect for individual rights. , Anthony Lester, Fundamental Rights in the United Kingdom: The Law and the British Constitution, 125 U. PA. L. REV. 337 (1976). France is still finding its way between a presidential and a parliamentary system of government. Also, its system for constitutional review cannot look at laws after they come into effect, and does not respond to individual complaint.
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. 11 The Declaration also established economic-social rights as rights on par with civil-political rights. 12 The Declaration gave content and universalized the commitment to democracy, including universal suffrage, representative government, and equal access to public office and participation in government.
XVII, § 1. S. CONST. art. II, § 1. ANew Birth of Constitutionalism 45 for representatives, for senators, and for the president.