Constitutionalism, Identity, Difference, and Legitimacy

Michel Rosenfeld is Professor of Law at the Benjamin N. Cardozo School of Law at Yeshiva University and codirector of the Cardozo-New School Project on Constitutionalism. He is the author of Affirmative Action and Justice and coeditor of Deconstruction and the Possibility of Justice and Hegel and Legal Theory.

Acknowledgments I. Introduction Modern Constitutionalism as Interplay Between Identity and Diversity / Michael Rosenfeld II. The Rebirth of Constitutionalism A New Birth of Constitutionalism: Genetic Influences and Genetic Defects / Louis Henkin III. Constitutionalism as Bridge Between Self and Other: The Politics and Legitimation of Constitution Making Constitutional Bootstrapping in Philadelphia and Paris / Jon Elster Revolution and Constitutionalism in America / David A. J. Richards Constitutional Powermaking of the New Polity: Some Deliberations on the Relations Between Constituent Power and the Constitution / Ulrich K. Preuss Dilemmas Arising from the Power to Create Constitutions in Eastern Europe / Andrew Arato IV. The Identity of the Constitutional Subject and the Search for Authoritative Constitutional Meaning German Constitutional Culture in Transition / Bernhard Schlink Constitutional Identity / George P. Fletcher Reactionary Constitutional Identity / Ruti G. Teitel Toward a First Amendment Jurisprudence of Respect: A Comment on George Fletchers Constitutional Identity / Robin West Hermeneutics and Constitutional Interpretation / Aharon Barak The Constitutional Judge: Master or Slave of the Constitution? / Dominique Rousseau A Philosophical Reconstruction of Judicial Review / Carlos Santiago Nino V. Freedom, Equality, Individuals, Groups, and the Struggle Between Identity and Difference Preferred Generations: A Paradox of Restoration Constitutions / Andras Sajo Free Speech and the Cultural Contingency of Constitutional Categories / Frederick Schauer The Multicultural Self: Questions of Subjectivity, Questions of Power / M. M. Slaughter VI. On Drawing Constitutional Boundaries Between Self and Other: The Role of Property Rights On Property and Constitutionalism / Cara R. Sunstein Transitional Constitutions / Arthur J. Jacobson Index Contributors