基本説明
A timely theoretical synthesis of the most important global constitutional trends in the last half-century.
Full Description
The themes of nation-building, post-colonial modernization and constitution-making, post-communist return to the rule of law and constitutional reconstruction, the global expansion of judicial power and judicial activism by the constitutional courts are usually studied by different specialists with somewhat narrow foci. This book is a unique and ambitious interdisciplinary attempt at the integration of these related fields, and offers a timely theoretical synthesis of the most important global constitutional trends in the last half-century. These essays by prominent authorities on different subjects and geographical areas offer a comprehensive, comparative view of the most important constitutional developments of two eras, bringing together the transplantation of the constitutional pattern of the nation-state and the current wave of globalization of constitutionalism and the rule of law. Contributors are: S.A.Arjomand, Nathan J. Brown, Ruth Gavison, Julian Go, Keyvan Tabari, Heinz Klug, Jill Cottrell, Yash Ghai, László Sólyom, Jacek Kurczewski, Anders Fogelklou, Grażyna Skąpska, Dieter Grimm, Kim Lane Scheppele, Ruth Rubio Marín , and Dicle Kogacioğlu.
Contents
Preface
Introduction
Ch. 1: Constitutional Development and Political Reconstruction from Nation-building to New Constitutionalism
Saїd Amir Arjomand
Part I: Nation-building, Modernization and Post-Colonial Reconstruction
Ch. 2: Regimes Reinventing Themselves: Constitutional Development in the Arab World
Nathan Brown
Ch. 3: Constitution and Political Reconstruction? Israel's Quest for a Constitution
Ruth Gavison
Ch. 4: A Globalizing Constitutionalism? Views from the Postcolony, 1945-2000
Julian Go
Ch. 5: The Rule of Law and Politics of Reform in Post-Revolutionary Iran
Keyvan Tabari
Ch. 6: Post-Colonial Collages: Distributions of Power and Constitutional Models, with Special Reference to South Africa
Heinz J. Klug
Ch. 7: Constitutional Engineering and Impact: the Case of Fiji
Jill Cottrell and Yash Ghai
Part II: Constitutional Reconstruction Since the Fall of Communism
Ch. 8: Parliament and the Political Class in the Constitutional Reconstruction of Poland: Two Constitutions in One
Jacek Kurczewski
Ch. 9: Constitutionalism and the Presidency in the Russian Federation
Anders Fogelklou
Ch. 10: Institutional Innovations and Moral Foundations of Constitutionalism in East Central Europe: Coping with Past Human Rights Violations
Grażyna Skąpska
Ch. 11: The Constitution in the Process of Denationalization
Dieter Grimm
Part III: Constitutional Courts and the New Constitutionalism
Ch. 12: The Role of Constitutional Courts in the Transition to Democracy, with Special Reference to Hungary
László Sólyom
Ch. 13: Constitutional Negotiations: Political Contexts of Judicial Activism in Post-Soviet Europe
Kim Lane Scheppele
Ch. 14: Women and the Cost of Transition to Democratic Constitutionalism in Spain
Ruth Rubio Marin
Ch. 15: Dissolution of Political Parties by the Constitutional Court in Turkey: Judicial Delimitation of the Political Domain
Dicle Kogacioğlu
List of Contributors
Index
