A distinguished international team of legal theorists examine the issue of constitutionalism and pose such foundational questions as Why have a constitution? How do we know what the constitution of a country really is? How should a constitution be interpreted? Why should one generation feel bound by the constitution of an earlier one?The volume will be of particular importance to those in philosophy, law, political science and international relations interested in whether and what kinds of constitutions should be adopted in countries without them, and involved in debates about constitutional interpretation.

The political changes which have occurred in the last three years have been phenomenal--the dissolving of the former Soviet Union, the impending union of Western Europe, and the evolution of democracy in Eastern Europe. What changes have occurred in the legal structure of these countries? How have their constitutions been affected by these developments? Stanley Katz, Douglas Greenberg, and other scholars and politicians from numerous countries discuss in this work the experiences of constitutionalism. Previously, little work has been done in this field, but now Constitutionalism and Democracy represents the range and depth for serious constitutional analysis. Discussing concrete issues such as human rights, nationalism, and pluralism, this volume will be essential in understanding the phenomenon of constitutionalism in various parts of the world.

The essays in this collection were first presented at an October 1991 conference on comparative constitutionalism under the auspices of the Jacob Burns Institute for Advanced Legal Studies, and the Cardozo-New School Project on Constitutionalism. Essays are organized in sections on the rebirth of constitutionalism, the legitimation of constitution making, the identity of the constitutional subject, the struggle between identity and difference, and the role of property rights. Annotation copyright by Book News, Inc., Portland, OR

The eleven essays in this volume, supplemented by an editorial introduction, centre around three overlapping problems. First, why would a society want to limit its own sovereign power by imposing constitutional constraints on democratic decision-making? Second, what are the contributions of democracy and constitutions to efficient government? Third, what are the relations among democracy, constitutionalism, and private property? This comprehensive discussion of the problems inherent in constitutional democracy will be of interest to students in a variety of social sciences. It illuminates particularly the current efforts of many countries, especially in Latin America, to establish stable democratic regimes.

This book has its roots in a conference on recent developments in Nordic and German constitutional law that took place in Berlin in 2002 at the Nordic Cultural Centre.That conference was organised within the project "Konstitutionalism, demokrati och den nordiska valfardsstaten" (Constitutionalism, Democracy and the Nordic Welfare State), financed by the Joint Committee for Nordic Research Councils for the Humanities and the Social Sciences (NOS-HS). The volume contains the edited and updated papers which emerged from this meeting of minds. They offer insight into some of the new, exciting strands of constitutional thought that are currently present in the Nordic doctrine, where many new paths have been opened in recent years. The contrast with the situation two decades ago is indeed striking. As far as German and European law are concerned, some of the most important theoretical issues in the doctrine are analysed in a number of particularly rewarding and inspiring contributions.

This book of legal philosophy contends that positive law is better understood if it is not too easily equated with power, force, or command. Law is more a matter of discourse and deliberation than of sheer decision or of power relations. Here is thought-provoking reading for lawyers, advocates, scholars of jurisprudence, students of law, philosophy and political science, and general readers concerned with the future of the constitutional state.

Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.

This book asks whether and how far constitutional theory and judicial practice differ between Europe and the United States. This question is explored with respect to the areas of 'freedom of speech', 'human dignity', 'duty of the state to protect individuals from harm', 'adjudication by constitutional and other courts' and, finally, 'democratic theory and international influences'. The authors of this book are constitutional scholars from Europe and the United States, as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.

An interdisciplinary perspective is adopted to examine international and European models of constitutionalism. In particular the book reflects critically on a number of constitutional themes, such as the nature of European and international constitutional models and their underlying principles; the telos behind international and European constitutionalism; the role of the state and of central courts; and the relationships between composite orders. Transnational Constitutionalism brings together a group of European and international law scholars, whose thought-provoking contributions provide the necessary intellectual insight that will assist the reader in understanding the political and legal phenomena that take place beyond the state. This edited collection represents an original and pioneering contribution to the international and European constitutional discourse.

Leading scholars of European constitutionalism highlight different facets of the constitutional discussion.