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Revolutionary Constitutionalism

Law, Legitimacy, Power

Editor(s): Richard Albert
Media of Revolutionary Constitutionalism
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Published: 02-04-2020
Format: PDF eBook (?)
Edition: 1st
Extent: 304
ISBN: 9781509934591
Imprint: Hart Publishing
RRP: £48.60
Online price : £26.73
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About Revolutionary Constitutionalism

This book, the result of a major international conference held at Yale Law School, contains contributions from leading scholars in public law who engage critically with Bruce Ackerman's path-breaking book, Revolutionary Constitutions: Charismatic Leadership and the Rule of Law. The book also features a rebuttal chapter by Ackerman in which he responds directly to the contributors' essays.

Some advance Ackerman's theory, others attack it, and still others refine it – but all agree that the ideas in his book reset the terms of debate on the most important subjects in constitutionalism 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 politics to how we identify when the mythical 'people' have spoken. A must-read for all interested in the current state of constitutionalism.

Table Of Contents

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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