Constitutionalism : past, present, and future /

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,...

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Bibliographic Details
Main Author: Grimm, Dieter, 1937-
Format: Book
Published: Oxford, United Kingdom : Oxford University Press, 2016
Edition:First edition
Series:Oxford constitutional theory
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Table of Contents:
  • The origins and transformation of the concept of the constitution
  • Conditions for emergence and effectiveness of modern constitutionalism
  • Basic rights in the formative era of modern society
  • The concept of constitutionalism in historical perspective
  • The function of constitutions and guidelines for constitutional reform
  • Integration by constitution
  • Fundamental rights in the interpretation of the German Constitutional Court
  • Return to the traditional understanding of fundamental rights?
  • Constitutions, constitutional courts, and constitutional interpretation at the interface of law and politics
  • Constitutional adjudication and democracy
  • The future of constitutionalism
  • Can democracy by bargaining be constitutionalized?
  • The role of national constitutions in a united Europe
  • The democratic costs of constitutionalization : the European case
  • The constitution in the process of de-nationalization
  • Societal constitutionalism : compensation for the decline in the importance of the state constitution?
  • Levels of the rule of law : on the possibility of exporting a Western achievement
  • The achievement of constitutionalism and its prospects in a changed world