The Constitution of Freedom: An Introduction to Legal Constitutionalism
The Constitution of Freedom: An Introduction to Legal Constitutionalism
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Abstract
With the rise of populist, anti-constitutional sentiment and the normalization of the anti-terror state it has once again become imperative to explain what constitutionalism means for the constitutional legal order and the political community which is meant to live by it. This book’s intention is less to guide technically proper constitution-writing and interpretation, but rather showing what is at stake in the debate on constitutionalism. It aims to demonstrate why constitutionalism should continue to matter. In doing so, the constitutional facts are left to speak for themselves. Muses and technicians of classic constitutions are lined up alongside the inspired architects of more recent ones to show what constitutionalism can be about and what constitutions have become in constitutional law. Constitutional democracy is more fragile and less ‘natural’ than autocracy. Unfortunately, more and more people find autocracy attractive, because they were never forced to understand or imagine what despotism is. They also conveniently failed to protect themselves emotionally and intellectually against the cult of simple solutions. Generations who lived in stable democracies with the promise that their enviable world will become the global ‘normal’ find this difficult to conceive. It is difficult, but never too late to look at one’s own constitutional system as one that is fragile and in need of constant attention and care. Therefore, recapitulating how constitutionalism protects us and how it can be undone with its very own means became the task of this book.
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Front Matter
- Introduction
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1
Constitutions and Constitutionalism
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2
Conditions for a Constitution
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3
Democracy, or Taming an Unruly Friend
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4
Dangerous Liaisons: Separation of Powers and Checks and Balances
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5
Federalism
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6
Parliamentarism and the Legislative Branch
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7
The Executive Power
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8
The Rule of Law and Its Executors
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9
Who Guards the Guardians? Constitutional Adjudication
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10
Rights
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11
Constitutions Under Stress
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12
Multi-layered Constitutionalism, Globalization, and the Revival of the Nation State
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End Matter
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