内容

目次

Part I. Demands for Constitutional Recognition: 1. The constitutionalquestion raised by the politics of cultural recognition: six examplesand three similarities; 2. The mutual recognition of culturaldiversity: three features of the common ground and three historicalmovements; 3. The spirit of Haida Gwaii as a symbol of the age ofcultural diversity; 4. A constitutional dialogue in The spirit of HaidaGwaii; Part II. Diversity and Contemporary Constitutionalism: 5.Anwering the constitutional question: an outline; 6. Two languages ofcontemporary constitutionalism and the three schools of modernconstitutionalism; 7. The challenge of post-modernism and culturalfeminism; 8. The challenge of interculturalism; Part III. TheHistorical Formation of Modern Constitutionalism: The Empire ofUniformity: 9. Constitutions ancient and modern; 10. Seven features ofmodern constitutionalism; 11. Example of forging the seven features:Locke and Aboriginal peoples; 12. Vattel, Kant and their followers;13.The reform of diversity in Europe and the colonies; 14. The Americanrevolution and the guardians of empire today; Part IV. The HistoricalFormation of Common Constitutionalism: The Rediscovery of CulturalDiversity, Part I: 15. The hidden constitutions of contemporarysocieties; 16. Understanding constitutionalism: Wittgenstein and Hale;17. Examples of the three conventions: the Aboriginal and common-lawsystem and the conventions of mutual recognition and consent; 18. TheAboriginal and common law system and the convention of continuity;19.The Aboriginal and common law system and constitutional dialogue;Part V. The Historical Formation of Common Constitutionalism: TheRediscovery of Cultural Diversity. Part II: 20. Diverse federalism andthe conventions of mutual recognition, continuity and consent; 21.Diverse federalism and continuity: the Quebec act and the ancientconstitution; 22. Diverse federalism, the three conventions and theAmerican revolution; 23. The modern attack on diverse federalism: theDurham report and its followers; 24. Linguistic minorities and thethree conventions: the form of reasoning appropriate to mutualrecognition and accommodation; 25. Intercultural citizens, genderdifferences and the three conventions; Part VI. Constitutionalism in anAge of Cultural Diversity: 25. A summary of contemporaryconstitutionalism; 26. Replies to four objections to contemporaryconstitutionalism; 27. Two public goods of contemporaryconstitutionalism: belonging and critical freedom; Conclusion: thephilosophy and practice of contemporary constitutionalism; Notes;Bibliography; Index.