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Vol 21 No 11 Nov/Dec 2016

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European and US Constitutionalism

Edited by: Georg Nolte

ISBN13: 9780521854016
ISBN: 0521854016
Published: September 2005
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £69.99



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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.

Subjects:
Other Jurisdictions , EU Law, USA
Contents:
Part I. Introduction: European and U.S. Constitutionalism: comparing essential elements Georg Nolte
Part II. Freedom of Speech: Freedom of speech in Europe Roger Errera
Freedom of expression adjudication in Europe and the United States: a case study in comparative constitutional architecture Frederick Schauer: Comment by Lorraine Weinrib
Comment by Winfried Brugger
Part III. Human Dignity: The concept of human dignity in European and U.S. constitutionalism Giovanni Bognetti
'Human dignity' In Europe and the United States: the social foundations James Q. Whitman
Comment by Eyal Benvenisti
Comment by Hugh Corder
Part IV. The Protective Function: The protective function of the state Dieter Grimm
The protective function of the state in The United States and Europe: the constitutional question Frank I. Michelman
The protective function of the state in the United States and Europe: a right to state protection? Comment by Heike Krieger
Part V. Adjudication: Constitutional Adjudication in Europe and the United States: paradoxes and contrasts Michel Rosenfeld
The road to constitutionalism in the UK: responses to the United States and Europe Jeffrey Jowell: Comment by Laszlo Solyom: Comment by Cesar Landa
Part VI. Democracy and International Influences: Democracy and international influences Lech Garlicki
The two world orders Jed Rubenfeld
Comment by Armin Von Bogdandy
Comment by Yasuaki Onuma.