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Constitutionalism : past, present, and future / Dieter Grimm, Professor of Law, Humboldt University of Berlin, Former Justice of the Federal Constitutional Court of Germany, Former Director of the Wissenschaftskolleg zu Berlin Institute for Advanced Study.

By: Material type: TextTextSeries: Oxford constitutional theoryPublisher: Oxford, United Kingdom : Oxford University Press, 2016Description: viii, 383 pages ; 24 cmContent type:
  • text
Media type:
  • unmediated
Carrier type:
  • volume
ISBN:
  • 9780198766124
  • 0198766122
Subject(s): DDC classification:
  • 342 23
LOC classification:
  • K3165 .G739 2016
Other classification:
  • 86.50
  • 86.51
Online resources:
Contents:
The origins and transformation of the concept of the constitution -- Conditions for emergence and effectiveness of modern constitutionalism -- Basic rights in the formative era of modern society -- The concept of constitutionalism in historical perspective -- The function of constitutions and guidelines for constitutional reform -- Integration by constitution -- Fundamental rights in the interpretation of the German Constitutional Court -- Return to the traditional understanding of fundamental rights? -- Constitutions, constitutional courts, and constitutional interpretation at the interface of law and politics -- Constitutional adjudication and democracy -- The future of constitutionalism -- Can democracy by bargaining be constitutionalized? -- The role of national constitutions in a united Europe -- The democratic costs of constitutionalization : the European case -- The constitution in the process of de-nationalization -- Societal constitutionalism : compensation for the decline in the importance of the state constitution? -- Levels of the rule of law : on the possibility of exporting a Western achievement -- The achievement of constitutionalism and its prospects in a changed world.
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Includes bibliographical references (pages 377-378) and index.

The origins and transformation of the concept of the constitution -- Conditions for emergence and effectiveness of modern constitutionalism -- Basic rights in the formative era of modern society -- The concept of constitutionalism in historical perspective -- The function of constitutions and guidelines for constitutional reform -- Integration by constitution -- Fundamental rights in the interpretation of the German Constitutional Court -- Return to the traditional understanding of fundamental rights? -- Constitutions, constitutional courts, and constitutional interpretation at the interface of law and politics -- Constitutional adjudication and democracy -- The future of constitutionalism -- Can democracy by bargaining be constitutionalized? -- The role of national constitutions in a united Europe -- The democratic costs of constitutionalization : the European case -- The constitution in the process of de-nationalization -- Societal constitutionalism : compensation for the decline in the importance of the state constitution? -- Levels of the rule of law : on the possibility of exporting a Western achievement -- The achievement of constitutionalism and its prospects in a changed world.

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