European and US Constitutionalism

This book asks whether and how far constitutional theory and judicial practice differ between Europe and the United States?

Georg Nolte (Edited by)

9780521854016, Cambridge University Press

Hardback, published 29 September 2005

324 pages
23.5 x 15.7 x 2.5 cm, 0.65 kg

"European and U.S. Constitutionalism makes an importtant contribution to the larger discipline of comparatice constitutional law...
Daniel Halberstam, University of Michigan Law School, I-CON

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.

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.

Subject Areas: Constitutional & administrative law [LND], Comparative law [LAM], Comparative politics [JPB]