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Revolutionary Constitutionalism: Law, Legitimacy, Power

Edited by: Richard Albert

ISBN13: 9781509934577
Published: April 2020
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00
Paperback edition , ISBN13 9781509974245



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Bruce Ackerman's path-breaking book Revolutionary Constitutions: Charismatic Leadership and the Rule of Law has put him at the centre of the major subjects in public law 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 constitutional democracy to how we identify when the mythical “people” have spoken.

Ackerman's pioneering book was the focus of a major international conference held recently at the Yale Law School. The conference convened leading scholars in public law to engage critically with Ackerman's thesis. Some advanced it, others attacked it, and still others refined it - but all agreed that the ideas in the book reset the terms of debate on the most important questions in constitutionalism today. This collection, edited by Richard Albert, emerges from the lively conference, and features a rebuttal chapter by Ackerman in which he responds directly to review essays by authors.

Subjects:
Constitutional and Administrative Law
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