Revolutionary Constitutionalism: Law, Legitimacy, Power

Author: Richard Albert
Publisher: Hart Publishing
ISBN: 9781509974245

Published In: November 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509934577

List Price: HKD 415.87

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Bruce Ackerman's path-breaking book Revolutionary Constitutions: Charismatic Leadership and the Rule of Law has put him at the centre of the major subjects in public law today, from the promise and perils of populism to the causes and consequences of democratic backsliding, from the optimal models of constitutional design to the forms and limits of constitutional amendment, and from the role of courts in constitutional democracy to how we identify when the mythical “people” have spoken.

Ackerman's pioneering book was the focus of a major international conference held recently at the Yale Law School. The conference convened leading scholars in public law to engage critically with Ackerman's thesis. Some advanced it, others attacked it, and still others refined it - but all agreed that the ideas in the book reset the terms of debate on the most important questions in constitutionalism today. This collection, edited by Richard Albert, emerges from the lively conference, and features a rebuttal chapter by Ackerman in which he responds directly to review essays by authors.

Introduction: A Global Tour of Constitutionalism

Richard Albert

1. A Political, not a Legal History of the Rise of Worldwide Constitutionalism

Dieter Grimm

PART I. THE LEGITIMATING FOUNDATIONS OF REVOLUTIONARY CONSTITUTIONALISM

2. A Defence of Non-representational Constitutionalism: Why Constitutions Need not be Representational

Alon Harel

3. Constitutionalism and Society: Ackerman on Worldwide Constitution-Making and the Role of Social Forces

Denis Baranger

4. Bruce Ackerman's Theory of History

Roberto Gargarella

5. Constitutionalism and the Predicament of Postcolonial Independence