CONSTITUTIONALISM OCON C

Erscheinungsjahr 2016
ISBN: 978-0-19-876612-4
Verlag: ACADEMIC

Buch, Englisch, 400 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 752 g

Constitutionalism: Past, Present, and Future will offer a definitive collection of Professor Dieter Grimm's most important scholarly writings on constitutional thought and interpretation. The essays included in this volume explore the conditions under which the modern constitution could emerge; they treat the characteristics that must be given if the constitution may be called an achievement, the appropriate way to understand and interpret constitutional law under current conditions, the function of judicial review, the remaining role of national constitutions in a changing world, as well as the possibility of supra-national constitutionalism.

Many of these essays have influenced the German and European discussion on constitutionalism and for the first time, much of the work of one of German's leading scholars of public law will be available in the English language.

Autoren/Hrsg.

Grimm

Grimm, Dieter

Fachgebiete

• Geisteswissenschaften Philosophie Rechtsphilosophie, Rechtsethik
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsphilosophie, Rechtsethik

Inhaltsverzeichnis

- I. Introduction

- 1: The Origins and Transformation of the Concept of the Constitution

- II. Origins

- 2: Conditions for the Emergence and Effectiveness of Modern Constitutions

- 3: Basic Rights in the Formative Eras of Modern Society

- 4: The Concept of Constitution in Historical Perspective

- III. Concepts and Function

- 5: The Function of Constitutions and Guidelines for Constitutional Reform

- 6: Integration by Constitution

- IV. Interpretation

- 7: Fundamental Rights in the Interpretation of the German Constitutional Court

- 8: Return to the Traditional Understanding of Fundamental Rights?

- V. Adjudication

- 9: Constitutional Courts and Constitutional Interpretation at the Interface of Law and Politics

- 10: Constitutional Adjudication and Democracy

- VI. The Future

- 11: The Future of Constitutionalism

- 12: Can Democracy by Bargaining be Constitutionalized?

- VII. Europeanisation

- 13: The Role of National Constitutions in a United Europe

- 14: The Democratic Costs of Constitutionalisation - The European Case

- VIII. Internationalisation

- 15: The Constitution in the Process of Denationalisation

- 16: Societal Constitutionalism

- 17: Levels of the Rule of Law - On the Possibility of Exporting a Western Achievement

- IX. Conclusion

- 18: The Achievement of Constitutionalism and its Prospects in a Changed World

Über Autor(innen)

Dieter Grimm teaches constitutional law at Humboldt University Berlin and the Yale Law School. From 1987-1999 he served as Justice of the Federal Constitutional Court of Germany. From 2001-2007 he was the Director of the Wissenschaftskolleg zu Berlin (Institute for Advanced Study) whose Permanent Fellow he continues to be. He was Visiting Professor at Harvard, New York University, Toronto, Rome, Kolkata, Seoul, Beijing, Shanghai and a Fellow of the Stellenbosch Institute for Advanced Study in South Africa. He is a member of the Berlin-Brandenburgische Akademie der Wissenschaften, the Academia Europaea and the American Academy of Arts and Sciences. He holds honorary doctoral degrees from the universities of Toronto, Göttingen, Porto Alegre, and Bucarest.

He has widely published on matters of constitutional law, constitutional history, constitutional theory, comparative constitutionalism, and European Union law.