"Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. On the one hand constitutions are said to set out the rules of the democratic game, on the other as constraining the power of the demos and their representatives to rule themselves - including by reforming the very processes of democracy itself. Meanwhile, constitutionalists themselves differ on how far any constitution derives its authority from, and should itself be subject to democratic endorsement and interpretation. They also dispute whether constitutions should refer solely to democratic processes, or also define and limit democratic goals. Each of these positions produces a different view of judicial review, the content and advisability of a Bill of Rights and the nature of constitutional politics. These differences are not simply academic positions, but are reflected in the different types of constitutional democracy found in the United States, continental Europe, Britain and many commonwealth countries. The selected essays explore these issues from the perspectives of law, philosophy and political science. A detailed and informative introduction sets them in the context of contemporary debates about constitutionalism."--Provided by publisher.
First published 2006 by Ashgate Publishing.
Formatted Contents Note
part PART I: CONSTITUTIONAL DEMOCRACY: SUBSTANTIVE VIEWS chapter 1 Constitutionalism and Democracy chapter 2 Equality, Democracy, and Constitution: We the People in Court chapter 3 The Idea of Public Reason Revisited chapter 4 A Right-Based Critique of Constitutional Rights chapter 5 A Philosophical Argument for a Bill of Rights chapter 6 Decision-Making in a Democracy: The Supreme Court as a National Policy-Maker part PART II: CONSTITUTING DEMOCRACY: PROCEDURAL VIEWS chapter 7 Toward a Representation-Reinforcing Mode of Judicial Review chapter 8 Darkness on the Edge of Town: The Contributions of John Hart Ely to Constitutional Theory chapter 9 The Puzzling Persistence of Process-Based Constitutional Theories part PART III: CONSTITUTIONALIST DEMOCRACY: RECONCILING SUBSTANCE AND PROCEDURES chapter 10 What was Wrong with Dred Scott, What's Right about Brown chapter 11 On the Internal Relation between the Rule of Law and Democracy chapter 12 Three Normative Models of Democracy chapter 13 Democracy and Positive Liberty part PART IV: CONSTITUTIVE DEMOCRACY: POPULIST CONSTITUTIONALISM chapter 14 The Storrs Lectures: Discovering the Constitution chapter 15 Constitutional Powermaking for the New Polity: Some Deliberations on the Relations between Constituent Power and the Constitution chapter 16 The Normality of Constitutional Politics: An Analysis of the Drafting of the EU Charter of Fundamental Rights part PART V: CONSTITUTIONAL DEMOCRACY: BEYOND THE NATION-STATE chapter 17 The Unfreedom of the Moderns in Comparison to their Ideals of Constitutional Democracy chapter 18 Economic Globalization and the Rule of Law chapter 19 Republican Cosmopolitanism chapter 20 Does Europe Need a Constitution? chapter 21 Remarks on Dieter Grimm's chapter 22 Why Europe Needs a Constitution chapter 23 In Defence of the Status Quo: Europe's Constitutional Sonderweg chapter 24 Sovereignty, Post-Sovereignty and Pre-Sovereignty: Three Models of the State, Democracy and Rights within the EU.