Suchergebnisse

Among the most prominent and significant political and legal developments since the end of the Cold War is the proliferation of mechanisms for addressing the complex challenges of transition from authoritarian rule to human rights-based democratic constitutionalism, particularly with regards to the demands for accountability in relation to conflicts and abuses of the past. Ruti G. Teitel provides a collection of her own essays that embody her evolving reflections on the practice and discourse of transitional justice since her book 'Transitional Justice' published back in 2000.

How will a unified Korea respond to the Kim regime's crimes against humanity? Will North and South Korea be able to reconcile their differences after being divided for so long? Will China, the US, Japan, Russia, and U.N. drive the process? This book examines the challenges associated with Korean unification and human rights accountability

Frontmatter -- CONTENTS -- ACKNOWLEDGMENTS -- I Introduction -- Modem Constitutionalism as Interplay Between Identity and Diversity -- II The Rebirth of Constitutionalism -- A New Birth of Constitutionalism: Genetic Influences and Genetic Defects -- III Constitutionalism as Bridge Between Self and Other: The Politics and Legitimation of Constitution Making -- Constitutional Bootstrapping in Philadelphia and Paris -- Revolution and Constitutionalism in America -- Constitutional Powermaking of the New Polity: Some Deliberations on the Relations Between Constituent Power and the Constitution -- Dilemmas Arising from the Power to Create Constitutions in Eastern Europe -- IV The Identity of the Constitutional Subject and the Search for Authoritative Constitutional Meaning -- German Constitutional Culture in Transition -- Constitutional Identity -- Reactionary Constitutional Identity -- Toward a First Amendment Jurisprudence of Respect: A Comment on George Fletcher's Constitutional Identity -- Hermeneutics and Constitutional Interpretation -- The Constitutional Judge: Master or Slave of the Constitution? -- A Philosophical Reconstruction of Judicial Review -- v Freedom, Equality, Individuals, Groups, and the Struggle Between Identity and Difference -- Preferred Generations: A Paradox of Restoration Constitutions -- Free Speech and the Cultural Contingency of Constitutional Categories -- The Multicultural Self: Questions of Subjectivity, Questions of Power -- VI On Drawing Constitutional Boundaries Between Self and Other: The Role of Property Rights -- On Property and Constitutionalism -- Transitional Constitutions -- INDEX -- CONTRIBUTORS