内容

目次

Contents: Series preface; Introduction; Part I Constitutional Democracy: Substantive Views: Constitutionalism and democracy, Ronald Dworkin; Equality, democracy, and constitution: we, the people, in court, Ronald Dworkin; The idea of public reason revisited, John Rawls; A rights-based critique of constitutional rights, Jeremy Waldron; A philosophical argument for a Bill of Rights, Cécile Fabre; Decision-making in a democracy: the Supreme Court as national policy-maker, Robert A. Dahl. Part II Constituting Democracy: Procedural Views: Toward a representation-reinforcing mode of judicial review, John Hart Ely; Darkness on the edge of town: the contributions of John Hart Ely to constitutional theory, Mark Tushnet; The puzzling persistence of process-based constitutional theories, Laurence H. Tribe. Part III Constitutionalist Democracy: Reconciling Substance and Procedures: What was wrong with Dred Scott, what's right about Brown, Robert A. Burt; On the internal relation between the rule of law and democracy, Jürgen Habermas; 3 normative models of democracy, Jürgen Habermas; Democracy and positive liberty, Frank Michelman.Part IV Constitutive Democracy: Populist Constitutionalism: The Storrs Lectures: discovering the constitution, Bruce A. Ackermann; Constitutional powermaking for the new polity: some deliberations between constituent power and the constitution, Ulrich K. Preuss; The normality of constitutional politics: an analysis of the drafting of the EU charter of fundamental rights, Richard Bellamy and Justus Schönlau. Part V Constitutional Democracy: Beyond the Nation State: The unfreedom of the moderns in comparison to their ideals of constitutional democracy, James Tully; Economic globalization and the rule of law, William E. Scheuerman;Republican cosmopolitanism, James Bohman; Does Europe need a constitution?, Dieter Grimm; Remarks on Dieter Grimm's 'Does Europe need a constitution?', Jürgen Habermas; Why Europe needs a constitution, Jürgen Habermas; In defence of the status quo: Europe's constitutional sonderweg, J.H.H. Weiler; Sovereignty, post-sovereignty and pre-sovereignty: 3 models of the state, democracy and rights within the EU, Richard Bellamy; Name index;Index.