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 Fletcher’s 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