The themes of nation-building, post-colonial modernization and constitution-making, post-communist return to the rule of law and constitutional reconstruction, the global expansion of judicial power and judicial activism by the constitutional courts are usually studied by different specialists with somewhat narrow foci. This book is a unique and ambitious interdisciplinary attempt at the integration of these related fields, and offers a timely theoretical synthesis of the most important global constitutional trends in the last half-century. These essays by prominent authorities on different subjects and geographical areas offer a comprehensive, comparative view of the most important constitutional developments of two eras, bringing together the transplantation of the constitutional pattern of the nation-state and the current wave of globalization of constitutionalism and the rule of law. Contributors are: S.A.Arjomand, Nathan J. Brown, Ruth Gavison, Julian Go, Keyvan Tabari, Heinz Klug, Jill Cottrell, Yash Ghai, László Sólyom, Jacek Kurczewski, Anders Fogelklou, Grażyna Skąpska, Dieter Grimm, Kim Lane Scheppele, Ruth Rubio Marín , and Dicle Kogacioğlu.
Saïd Amir Arjomand (Ph.D, University of Chicago, 1980) is Distinguished Service Professor of Sociology at the State University of New York at Stony Brook. He is the founder and President (1996-2002, 2005-08) of the Association for the Study of Persianate Societies. His books include
The Shadow of God and the Hidden Imam (Chicago, l984), and
The Turban for the Crown (Oxford, 1988). He is currently a Carnegie Scholar working on the constitutional history of the Middle East.
Ch. 1: Constitutional Development and Political Reconstruction from Nation-building to New Constitutionalism
Saїd Amir Arjomand
Part I: Nation-building, Modernization and Post-Colonial Reconstruction Ch. 2: Regimes Reinventing Themselves: Constitutional Development in the Arab World Nathan Brown Ch. 3: Constitution and Political Reconstruction? Israel’s Quest for a Constitution Ruth Gavison Ch. 4: A Globalizing Constitutionalism? Views from the Postcolony, 1945-2000 Julian Go Ch. 5: The Rule of Law and Politics of Reform in Post-Revolutionary Iran Keyvan Tabari Ch. 6: Post-Colonial Collages: Distributions of Power and Constitutional Models, with Special Reference to South Africa Heinz J. Klug Ch. 7: Constitutional Engineering and Impact: the Case of Fiji Jill Cottrell and Yash Ghai
Part II: Constitutional Reconstruction Since the Fall of Communism Ch. 8: Parliament and the Political Class in the Constitutional Reconstruction of Poland: Two Constitutions in One Jacek Kurczewski Ch. 9: Constitutionalism and the Presidency in the Russian Federation Anders Fogelklou Ch. 10: Institutional Innovations and Moral Foundations of Constitutionalism in East Central Europe: Coping with Past Human Rights Violations Grażyna Skąpska Ch. 11: The Constitution in the Process of Denationalization Dieter Grimm
Part III: Constitutional Courts and the New Constitutionalism Ch. 12: The Role of Constitutional Courts in the Transition to Democracy, with Special Reference to Hungary László Sólyom Ch. 13: Constitutional Negotiations: Political Contexts of Judicial Activism in Post-Soviet Europe Kim Lane Scheppele Ch. 14: Women and the Cost of Transition to Democratic Constitutionalism in Spain Ruth Rubio Marin Ch. 15: Dissolution of Political Parties by the Constitutional Court in Turkey: Judicial Delimitation of the Political Domain Dicle Kogacioğlu
List of Contributors Index
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