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Constitutionalism and the Rule of Law: Bridging Idealism and Realism

Constitutionalism and the Rule of Law: Bridging Idealism and Realism

Author: Maurice Adams; Anne Meuwese; Ernst Hirsch Ballin
Publisher: Cambridge University Press
ISBN: 9781107151857

Published In: February 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781316606278

List Price: HKD 1,872.00

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Contents

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Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order.

Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other.

Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

Part I. Realism and Idealism in Constitutionalism and the Rule of Law: Theory and History:

1. The ideal and the real in the realm of constitutionalism and the rule of law: an introduction Maurice Adams, Ernst Hirsch Ballin and Anne Meuwese

2. Tempering power Martin Krygier

3. Between the 'real' and the 'right': explorations along the institutional-constitutional frontier Peter Lindseth

4. The emergence of the rule of law in western constitutional history: revising traditional narratives Randall Lesaffer and Shavana Musa

Part II. The Rule of Law in Country-Specific Settings: Case Studies in Reconciling Realism and Idealism:

5. Rule of law, democracy and human rights: the paramountcy of moderation Sumit Bisarya and Elliot Bulmer

6. The need for realism: ideals and practice in Indonesia's constitutional history Adriaan Bedner

7. Constitutionalism a la Rwandaise Nick Huls

8. Between promise and practice: constitutionalism in South Africa more than twenty years after the advent of democracy Pierre de Vos

9. Idealism and realism in Israeli constitutional law Adam Shinar

10. Idealism and realism in Chinese constitutional theory and practice Feng Lin

11. Realism and idealism in the Italian constitutional culture Jorg Luther

12. Constitutional culture in the Netherlands: a sober affair Maurice Adams and Gerhard van der Schyff

13. Illiberal rule of law? Changing features of Hungarian constitutionalism Gabor Attila Toth

Part III. Transnational Phenomena and International Developments:

14. The EU and the rule of law - naivete of a grand design? Dimitry Kochenov

15. Constitutional coups in EU law Kim Lane Scheppele

16. Peer review in the context of constitutionalism and the rule of law Anne Meuwese

17. Constitutional correlates of the rule of law Tom Ginsburg and Mila Versteeg.

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