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Michel Rosenfeld is Professor of Law at the Benjamin N. Cardozo School of Law at Yeshiva University and codirector of the Cardozo-New School Project on Constitutionalism. He is the author of Affirmative Action and Justice and coeditor of Deconstruction and the Possibility of Justice and Hegel and Legal Theory.
List of contents
Acknowledgments
I. Introduction
Modern Constitutionalism as Interplay Between Identity and Diversity / Michael Rosenfeld
II. The Rebirth of Constitutionalism
A New Birth of Constitutionalism: Genetic Influences and Genetic Defects / Louis Henkin
III. Constitutionalism as Bridge Between Self and Other: The Politics and Legitimation of Constitution Making
Constitutional Bootstrapping in Philadelphia and Paris / Jon Elster
Revolution and Constitutionalism in America / David A. J. Richards
Constitutional Powermaking of the New Polity: Some Deliberations on the Relations Between Constituent Power and the Constitution / Ulrich K. Preuss
Dilemmas Arising from the Power to Create Constitutions in Eastern Europe / Andrew Arato
IV. The Identity of the Constitutional Subject and the Search for Authoritative Constitutional Meaning
German Constitutional Culture in Transition / Bernhard Schlink
Constitutional Identity / George P. Fletcher
Reactionary Constitutional Identity / Ruti G. Teitel
Toward a First Amendment Jurisprudence of Respect: A Comment on George Fletcher’s
Constitutional Identity / Robin West
Hermeneutics and Constitutional Interpretation / Aharon Barak
The Constitutional Judge: Master or Slave of the Constitution? / Dominique Rousseau
A Philosophical Reconstruction of Judicial Review / Carlos Santiago Nino
V. Freedom, Equality, Individuals, Groups, and the Struggle Between Identity and Difference
Preferred Generations: A Paradox of Restoration Constitutions / Andras Sajo
Free Speech and the Cultural Contingency of Constitutional Categories / Frederick Schauer
The Multicultural Self: Questions of Subjectivity, Questions of Power / M. M. Slaughter
VI. On Drawing Constitutional Boundaries Between Self and Other: The Role of Property Rights
On Property and Constitutionalism / Cara R. Sunstein
Transitional Constitutions / Arthur J. Jacobson
Index
Contributors
About the author
Michel Rosenfeld is Professor of Law at the Benjamin N. Cardozo School of Law at Yeshiva University and codirector of the Cardozo-New School Project on Constitutionalism. He is the author of Affirmative Action and Justice and coeditor of Deconstruction and the Possibility of Justice and Hegel and Legal Theory.
