ABSTRACT

The last fifty years has seen a worldwide trend toward constitutional democracy. But can constitutionalism become truly global?

Relying on historical examples of successfully implanted constitutional regimes, ranging from the older experiences in the United States and France to the relatively recent ones in Germany, Spain and South Africa, Michel Rosenfeld sheds light on the range of conditions necessary for the emergence, continuity and adaptability of a viable constitutional identity - citizenship, nationalism, multiculturalism, and human rights being important elements.

The Identity of the Constitutional Subject is the first systematic analysis of the concept, drawing on philosophy, psychoanalysis, political theory and law from a comparative perspective to explore the relationship between the ideal of constitutionalism and the need to construct a common constitutional identity that is distinct from national, cultural, ethnic or religious identity.

The Identity of the Constitutional Subject will be of interest to students and scholars in law, legal and political philosophy, political science, multicultural studies, international relations and US politics.

chapter |14 pages

Introduction

part 1|55 pages

Why Constitutional Identity and for Whom?

chapter Chapter 1|20 pages

The Constitutional Subject

Singular, Plural or Universal?

chapter Chapter 2|33 pages

The Constitutional Subject and the Clash of Self and Other

On the Uses of Negation, Metaphor and Metonymy

part 2|76 pages

Producing Constitutional Identity

chapter Chapter 3|53 pages

Reinventing Tradition Through Constitutional Interpretation

The Case of Unenumerated Rights in the United States

chapter Chapter 4|20 pages

Recasting and Reorienting Identity Through Constitution-Making

The Pivotal Case of Spain's 1978 Constitution

part 3|133 pages

Constitutional Identity as Bridge between Self and Other

chapter Chapter 5|35 pages

Constitutional Models

Shaping, Nurturing and Guiding the Constitutional Subject

chapter Chapter 6|25 pages

Models of Constitution Making

chapter Chapter 7|32 pages

The Constitutional Subject and Clashing Visions of Citizenship

Can We Be Beyond What We are Not?