Constitutionalism and democracy have been interpreted as both intimately related and intrinsically opposed. On the one hand constitutions are said to set out the rules of the democratic game, on the other as constraining the power of the demos and their representatives to rule themselves - including by reforming the very processes of democracy itself. Meanwhile, constitutionalists themselves differ on how far any constitution derives its authority from, and should itself be subject to democratic endorsement and interpretation. They also dispute whether constitutions should refer solely to democratic processes, or also define and limit democratic goals. Each of these positions produces a different view of judicial review, the content and advisability of a Bill of Rights and the nature of constitutional politics. These differences are not simply academic positions, but are reflected in the different types of constitutional democracy found in the United States, continental Europe, Britain and many commonwealth countries. The selected essays explore these issues from the perspectives of law, philosophy and political science. A detailed and informative introduction sets them in the context of contemporary debates about constitutionalism.
'…a comprehensive compilation of contemporary essays on the tension between democracy and constitutionalism.' Political Studies Review, Vol 5, No 2, May 2007
Contents: Series preface; Introduction; Part I Constitutional Democracy: Substantive Views: Constitutionalism and democracy, Ronald Dworkin; Equality, democracy, and constitution: we, the people, in court, Ronald Dworkin; The idea of public reason revisited, John Rawls; A rights-based critique of constitutional rights, Jeremy Waldron; A philosophical argument for a Bill of Rights, Cécile Fabre; Decision-making in a democracy: the Supreme Court as national policy-maker, Robert A. Dahl. Part II Constituting Democracy: Procedural Views: Toward a representation-reinforcing mode of judicial review, John Hart Ely; Darkness on the edge of town: the contributions of John Hart Ely to constitutional theory, Mark Tushnet; The puzzling persistence of process-based constitutional theories, Laurence H. Tribe. Part III Constitutionalist Democracy: Reconciling Substance and Procedures: What was wrong with Dred Scott, what's right about Brown, Robert A. Burt; On the internal relation between the rule of law and democracy, JÃ¼rgen Habermas; 3 normative models of democracy, JÃ¼rgen Habermas; Democracy and positive liberty, Frank Michelman.Part IV Constitutive Democracy: Populist Constitutionalism: The Storrs Lectures: discovering the constitution, Bruce A. Ackermann; Constitutional powermaking for the new polity: some deliberations between constituent power and the constitution, Ulrich K. Preuss; The normality of constitutional politics: an analysis of the drafting of the EU charter of fundamental rights, Richard Bellamy and Justus SchÃ¶nlau. Part V Constitutional Democracy: Beyond the Nation State: The unfreedom of the moderns in comparison to their ideals of constitutional democracy, James Tully; Economic globalization and the rule of law, William E. Scheuerman;Republican cosmopolitanism, James Bohman; Does Europe need a constitution?, Dieter Grimm; Remarks on Dieter Grimm's 'Does Europe need a constitution?', JÃ¼rgen Habermas; Why Europe needs a constitution, JÃ¼rgen Habermas; In defence of the status quo: Europe's constitutional sonderweg, J.H.H. Weiler; Sovereignty, post-sovereignty and pre-sovereignty: 3 models of the state, democracy and rights within the EU, Richard Bellamy; Name index;Index.