The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community

ISBN-13: 9780415949743 / Angielski / Miękka / 2009 / 330 str.

Michel Rosenfeld; Mich Rosenfeld

Opis

The last fifty years has seen a worldwide trend toward constitutional democracy. But Identity of the Constitutional Subject asks, can constitutionalism become truly global? Relying on historical examples of successfully implanted constitution regimes, ranging from the older experiences in the United States and France to the relatively recent one in Germany and Spain, Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of viable constitutional identity-citizenship, nationalism, multiculturalism, and human rights are important examples--Identity of the Constitutional Subject will be the first systematic analysis of the concept.

Spis treści

Introduction  Part 1: Why Constitutional Identity and for Whom?  1. The Constitutional Subject: Singular, Plural or Universal?  2. The Constitutional Subject and the Clash of Self and Other: On the Uses of Negation, Metaphor and Metonymy  Part 2: Producing Constitutional Identity  3. Reinventing Tradition through Constitutional Interpretation: The Case of Unremunerated Rights in the United States  4. Recasting and Reorienting Identity through Constitution-Making: The Pivotal Case of Spain’s 1978 Constitution  Part 3: Constitutional Identity as Bridge Between Self and Other: Binding Together Citizenship, History and Society  5. Constitutional Models: Shaping, Nurturing and Guiding the Constitutional Subject  6. Models of Constitution Making  7. The Constitutional Subject and Clashing Visions of Citizenship: Can We be Beyond what We are Not?  8. Can the Constitutional Subject go Global? Imagining a Convergence of the Universal, the Particular and the Singular