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Revolutionary Constitutionalism: Law, Legitimacy, Power

Revolutionary Constitutionalism: Law, Legitimacy, Power

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509974245
  • 出版时间 November 2023
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509934577

List Price: ¥351.56

¥341.01 Save ¥10.55 (3%)

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  • 描述 
  • 大纲 
  • 详细

    Bruce Ackerman's path-breaking book Revolutionary Constitutions: Charismatic Leadership and the Rule of Law has put him at the centre of the major subjects in public law today, from the promise and perils of populism to the causes and consequences of democratic backsliding, from the optimal models of constitutional design to the forms and limits of constitutional amendment, and from the role of courts in constitutional democracy to how we identify when the mythical “people” have spoken.

    Ackerman's pioneering book was the focus of a major international conference held recently at the Yale Law School. The conference convened leading scholars in public law to engage critically with Ackerman's thesis. Some advanced it, others attacked it, and still others refined it - but all agreed that the ideas in the book reset the terms of debate on the most important questions in constitutionalism today. This collection, edited by Richard Albert, emerges from the lively conference, and features a rebuttal chapter by Ackerman in which he responds directly to review essays by authors.

  • Introduction: A Global Tour of Constitutionalism
    Richard Albert
    1. A Political, not a Legal History of the Rise of Worldwide Constitutionalism
    Dieter Grimm

    PART I. THE LEGITIMATING FOUNDATIONS OF REVOLUTIONARY CONSTITUTIONALISM
    2. A Defence of Non-representational Constitutionalism: Why Constitutions Need not be Representational
    Alon Harel
    3. Constitutionalism and Society: Ackerman on Worldwide Constitution-Making and the Role of Social Forces
    Denis Baranger
    4. Bruce Ackerman's Theory of History
    Roberto Gargarella
    5. Constitutionalism and the Predicament of Postcolonial Independence
    Aziz Rana
    6. Revolution on a Human Scale: Liberal Values, Populist Theory?
    Andrew Arato

    PART II. CONSTITUTIONAL EVOLUTIONS AND TRANSFORMATIONS
    7. Charismatic Fictions and Constitutional Politics
    Tom Ginsburg
    8. Uncharismatic Revolutionary Constitutionalism
    Stephen Gardbaum
    9. Unconventional Adaptation and the Authenticity of the Constitution
    Alessandro Ferrara
    10. Constitutional Revolution, Legal Positivism and Constituent Power
    Yasuo Hasebe
    11. The Traditions of Constitutional Change
    Richard Albert

    PART III. THE FUTURE OF EUROPE
    12. Constitutional Crossroads: A View from Europe
    Neil Walker
    13. How Europe Brought Judicial Review to France: A Response to Bruce Ackerman
    Daniel Halberstam
    14. Constituting the Judiciary, Constituting Europe
    Mitchel Lasser

    PART IV. THE LAW AND POLITICS OF REVOLUTION
    15. Sustaining Revolutionary Constitutions: From Movement Party to Movement Court
    Menaka Guruswamy
    16. The Italian Constitution as a Revolutionary Agreement
    Marta Cartabia
    17. Constitutional Strategy for a Polarised Society: Learning from Poland's Post-revolutionary Misfortunes
    Maciej Kisilowski
    18. Choosing to Have Had a Revolution: Lessons from South Africa's Undecided Constitutionalism
    James Fowkes
    19. The Race against Time
    Bruce Ackerman

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