Constitutionalism, Identity, Difference, and Legitimacy: Theoretical Perspectives

Abstract

Frontmatter -- CONTENTS -- ACKNOWLEDGMENTS -- I Introduction -- Modem Constitutionalism as Interplay Between Identity and Diversity -- II The Rebirth of Constitutionalism -- A New Birth of Constitutionalism: Genetic Influences and Genetic Defects -- III Constitutionalism as Bridge Between Self and Other: The Politics and Legitimation of Constitution Making -- Constitutional Bootstrapping in Philadelphia and Paris -- Revolution and Constitutionalism in America -- Constitutional Powermaking of the New Polity: Some Deliberations on the Relations Between Constituent Power and the Constitution -- Dilemmas Arising from the Power to Create Constitutions in Eastern Europe -- IV The Identity of the Constitutional Subject and the Search for Authoritative Constitutional Meaning -- German Constitutional Culture in Transition -- Constitutional Identity -- Reactionary Constitutional Identity -- Toward a First Amendment Jurisprudence of Respect: A Comment on George Fletcher's Constitutional Identity -- Hermeneutics and Constitutional Interpretation -- The Constitutional Judge: Master or Slave of the Constitution? -- A Philosophical Reconstruction of Judicial Review -- v Freedom, Equality, Individuals, Groups, and the Struggle Between Identity and Difference -- Preferred Generations: A Paradox of Restoration Constitutions -- Free Speech and the Cultural Contingency of Constitutional Categories -- The Multicultural Self: Questions of Subjectivity, Questions of Power -- VI On Drawing Constitutional Boundaries Between Self and Other: The Role of Property Rights -- On Property and Constitutionalism -- Transitional Constitutions -- INDEX -- CONTRIBUTORS