基本説明
Asks whether and how far constitutional theory and judicial practice differ between Europe and the United States.
Full Description
European constitutionalism is not merely an intra-European phenomenon but it can also be compared to other major forms of constitutionalism. Over the past decade or so issues have emerged which seem to indicate that European constitutional theory and practice is becoming aware that it has developed certain rules and possesses certain characteristics which distinguish it from US constitutionalism and vice versa. This book explores whether such differences can be found in the five areas of 'freedom of speech', 'human dignity', 'duty to protect', 'adjudication' and 'democracy and international influences'. The authors of this book are constitutional scholars from Europe and the United States as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.
Contents
Preface; Part I. Introduction: 1. European and US constitutionalism: comparing essential elements Georg Nolte; Part II. Freedom of Speech: 2. Freedom of speech in Europe Roger Errera; 3. Freedom of expression adjudication in Europe and the United States: a case study in comparative constitutional architecture Frederick Schauer: Comment Lorraine Weinrib; Comment Winfried Brugger; Part III. Human Dignity: 4. The concept of human dignity in European and US constitutionalism Giovanni Bognetti; 5. 'Human dignity' In Europe and the United States: the social foundations James Q. Whitman; Comment Eyal Benvenisti; Comment Hugh Corder; Part IV. The Protective Function: 6. The protective function of the state Dieter Grimm; 7. The protective function of the state in the United States and Europe: the constitutional question Frank I. Michelman; Comment Heike Krieger; Part V. Adjudication: 8. Constitutional adjudication in Europe and the United States: paradoxes and contrasts Michel Rosenfeld; Comment Jeffrey Jowell: Comment László Sólyom; Comment César Landa; Part VI. Democracy and International Influences: 9. Democracy and international influences Lech Garlicki; 10. The two world orders Jed Rubenfeld; Comment Armin Von Bogdandy; Comment Yasuaki Onuma; Index.
