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European and US Constitutionalism
By
Georg Nolte
Description
European
constitutionalism is not merely an intra-European phenomenon but it
can also be compared to other major forms of constitutionalism. Over
the past decade or so issues have emerged which seem to indicate that
European constitutional theory and practice is becoming aware that it
has developed certain rules and possesses certain characteristics
which distinguish it from US constitutionalism and vice versa. This
book explores whether such differences can be found in the five areas
of \\\'freedom of speech\\\', \\\'human dignity\\\', \\\'duty to protect\\\',
\\\'adjudication\\\' and \\\'democracy and international influences\\\'. The
authors of this book are constitutional scholars from Europe and the
United States as well as from other constitutional states, such as
Canada, Israel, Japan, Peru and South Africa.
• This book
goes beyond comparing merely national constitutionalisms by comparing
transnational constitutionalism with national constitutionalism •
Enhanced by the diversity, representativeness, and prominence of its
authors • Results from a collaboration with the Council of
Europe
Contents
Part I.
Introduction: European and U.S. Constitutionalism: comparing
essential elements Georg Nolte; Part II. Freedom of Speech: Freedom
of speech in Europe Roger Errera; Freedom of expression adjudication
in Europe and the United States: a case study in comparative
constitutional architecture Frederick Schauer: Comment by Lorraine
Weinrib; Comment by Winfried Brugger; Part III. Human Dignity: The
concept of human dignity in European and U.S. constitutionalism
Giovanni Bognetti; ‘Human dignity’ In Europe and the
United States: the social foundations James Q. Whitman; Comment by
Eyal Benvenisti; Comment by Hugh Corder; Part IV. The Protective
Function: The protective function of the state Dieter Grimm; The
protective function of the state in The United States and Europe: the
constitutional question Frank I. Michelman; The protective function
of the state in the United States and Europe: a right to state
protection? Comment by Heike Krieger; Part V. Adjudication:
Constitutional Adjudication in Europe and the United States:
paradoxes and contrasts Michel Rosenfeld; The road to
constitutionalism in the UK: responses to the United States and
Europe Jeffrey Jowell: Comment by László Sólyom:
Comment by César Landa; Part VI. Democracy and International
Influences: Democracy and international influences Lech Garlicki; The
two world orders Jed Rubenfeld; Comment by Armin Von Bogdandy;
Comment by Yasuaki Onuma.
Contributors
Georg Nolte, Roger
Errera, Frederick Schauer, Lorraine Weinrib, Winfried Brugger,
Giovanni Bognetti, James Q. Whitman, Eyal Benvenisti, Hugh Corder,
Dieter Grimm, Frank I. Michelman, Heike Krieger, Michel Rosenfeld,
Jeffrey Jowell, László Sólyom, César
Landa, Lech Garlicki, Jed Rubenfeld, Armin Von Bogdandy, Yasuaki
Onuma
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