By Michel Rosenfeld
Sharing a standard specialize in the interaction among constitutional identification and person or workforce variety, those essays provide hard new insights on topics starting from common constitutional norms and even if constitutional norms could be effectively transplanted among cultures to a attention of even if constitutionalism provides the capability to reconcile a various society’s quest for id with its have to competently account for its ameliorations; from the relation among constitution-making and revolution to that among collective pursuits and constitutional liberty and equality.
This collection’s wide scope and nontechnical kind will interact students from the fields of political concept, social conception, overseas experiences, 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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Extra resources for Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives
At 1031-34. In a number of respects. notably the movement to a Constitutional Court (as distinguished from constitutional review by the ordinary national jUdiciary as in the United States). the Basic Law of the Federal Republic of Germany has served as a model. and various other European constitutions have doubtless been studied by constitution makers in Eastern and Central Europe and elsewhere. Many of those instruments also derived ideas and followed examples from the United States and from the international human rights movement.
As used by [Jean-Jacques] Rousseau, the notion of the general will is certainly somewhat mysterious and not altogether consistent. But it is clearly not reducible to an individual's particular will or to the will of the majority (in the sense of a mere aggregate of individual wills). " 60 61 26 Michel Rosenfeld Rescuing the general will from inevitable degradation into the will of the majority necessitates, according to Rousseau, a change in the French constitutional order. That change, in tum, requires granting increased powers to the constitutional judge in order to effectuate a shift from democratic politics to constitutional democracy.
57 See Robin West, Toward a First Amendment Jurisprudence of Respect: A Comment on George Fletcher's Constitutional Identity, infra p. 245, 245. 24 Michel Rosenfeld ther that reliance on the liberal paradigm leads to an individualistic conception of free speech rights, whereas adoption of the progressive paradigm results in a communitarian elaboration of the same rights. Where there is consensus on the relevant element of the national identity, drawing upon that identity is likely to contribute to the determination of authoritative meaning.