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The Identity of the Constitutional Subject - 9780415949743

Un libro in lingua di Michel Rosenfeld edito da Routledge, 2009

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Rosenfeld (Benjamin N. Cardozo School of Law, Yeshiva U.) addresses three interrelated questions in his analysis of constitutional identity: to whom constitutions should be addressed, what constitutions should provide; and how constitutions can be justified. The analysis is based on two related propositions: that constitutions rest on a paradox "inasmuch as they must at once be alienated from, and congruent with, the very identities that make them workable and coherent" and "all constitutions depend on elaboration of a constitutional identity that is distinct from national identity and from all other relevant pre-constitutional and extra-constitutional identities." Over the course of the analysis, he addresses historical and theoretical development of the constitutional subject and constitutional identity; how the US Supreme Court defined a constitutional identity allowing for the determination and legitimation of unnumerated constitutional rights; the forging of the post-Francoist 1978 constitution of Spain and the defining of Spanish constitutional identity; models of constitutions and constitution making and their impacts on constitutional identity; and the possibilities of global constitutional identity. Annotation ©2010 Book News, Inc., Portland, OR (booknews.com)

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