Revolutionary Constitutionalism: Law, Legitimacy, Power

Table Of Contents
Notes on Contributors
Introduction: A Global Tour of Constitutionalism
	A Celebration and a Challenge
	In this Volume
	A Word of Thanks
1. A Political, not a Legal History of the Rise of Worldwide Constitutionalism
PART I: THE LEGITIMATING FOUNDATIONS OF REVOLUTIONARY CONSTITUTIONALISM
	2. A Defence of Non-representational Constitutionalism: Why Constitutions Need not be Representational
		I. Introduction
		II. The Representational and the Reason-Based Modes of Legitimation
		III. Illustrations: Germany and Israel
	3. Constitutionalism and Society: Ackerman on Worldwide Constitution-Makingand the Role of Social Forces
		I. Republican Narratives
		II. Constitutions at the Level of Society
		III. Systems of Government
		IV. A Darker Future?
	4. Bruce Ackerman's Theory of History
		I. Introduction
		II. Constitutionalism's Different Pathways
		III. Descriptive Problems
		IV. A Procrustean Approach?
		V. Which Theory of History?
		VI. From 'We the People' to 'We the Judges'
		VII. The Normalisation of Domination
	5. Constitutionalism and the Predicament of Postcolonial Independence
		I. Introduction
		II. The Spectre of Neo-colonialism and the Turn to Centralised Authority
		III. Who are the 'People' of the Postcolonial State?
		IV. Conclusion
	6. Revolution on a Human Scale: Liberal Values, Populist Theory?
		I. Introduction
		II. Defining Revolution
		III. Subsuming Cases: Israel and Iran
		IV. Intermediate Theoretical Reflections
		V. Poland and South Africa
		VI. The Exception Revisited
		VII. Constitution-Making under Occupation
PART II: CONSTITUTIONAL EVOLUTIONS AND TRANSFORMATIONS
	7. Charismatic Fictions and Constitutional Politics
		I. Three Paths?
		II. On Charisma and Constitutions
		III. Italy
		IV. Myanmar
		V. Gaullism
		VI. Quibbles and Bits
		VII. Conclusion
	8. Uncharismatic Revolutionary Constitutionalism
		I. Two Types of Revolutionary Constitutionalism
		II. Charisma and Constitutionalism
		III. Judicial Supremacy?
		IV. Conclusion
	9. Unconventional Adaptation and the Authenticity of the Constitution
		I. Varieties of Unconventional Adaptation
		II. Authenticity and the Constitution
		III. Conclusion
	10. Constitutional Revolution, Legal Positivism and Constituent Power
		I. Constitutional Revolution and Legal Positivism
		II. Rousseau's Lawgiver and Constitutional Revolution
		III. Conclusion
	11. The Traditions of Constitutional Change
		I. Introduction: Constitutionalism and Constitutional Change
		II. The Revolutionary Tradition in France
		III. The Establishmentarian Tradition in Great Britain
		IV. The Elite Tradition in Japan
		V. A Hybrid Tradition in Canada?
		VI. Conclusion: A Constructive Complication
PART III: THE FUTURE OF EUROPE
	12. Constitutional CrossroadsA View from Europe
		I. Introduction: Temporal and Conceptual Crossroads
		II. The UK and the Limits of Pragmatic Adaptation
		III. The EU and the Limits of Elite Construction
		IV. At the Crossroads: Towards Managed Revolution?
	13. How Europe Brought JudicialReview to France: A Response to Bruce Ackerman
		I. Introduction
		II. The Fourth Republic’s Stalemate: International Treaties, Domestic Law and Judicial Review
		III. The Fifth Republic Meets the European Community
		IV. The French Tribunals React to European Law
		V. Conventionnalite versus Constitutionnalité:A Rose by Any Other Name …
		VI. What’s Sauce for Europe …
		VII. Conclusion
	14. Constituting the Judiciary, Constituting Europe
		I. Introduction
		II. The European Judicial Appointment Reforms
		III. Why Think of these Reforms as Constitutional Interventions?
		IV. Ackerman's Constitutional Perspective
		V. Value Added
PART IV: THE LAW AND POLITICS OF REVOLUTION
	15. Sustaining Revolutionary Constitutions: From Movement Party to Movement Court
		I. Introduction
		II. Aims and Structure of the Chapter
		III. What is the Ackermanian Method?
		IV. India’s Movement Party
		V. The Movement Court and the Consolidation of Constitutionalism
	16. The Italian Constitution as a Revolutionary Agreement
		I. Introduction
		II. Revolution and Constitution: A Multi-faceted Relationship
		III. The Meandering Implementation of the Constitution
		IV. Difficult Consolidation
		V. A Revolutionary Agreement
	17. Constitutional Strateg yfor a Polarised Society: Learning from Poland’s Post-revolutionary Misfortunes
		I. Constitutional Challenges of a Polarised Society
		II. Polarised Society: A Case Study
		III. Polarised Society and Revolutionary Struggle
		IV. Constitutional Opportunity
		V. Constitutional Ethics in a Polarised Society
		VI. Avoiding the Authoritarian Equilibrium
		VII. Presidential and Parliamentary Polarised Republics
		VIII. The Overlooked Solution
		IX. The Federalist Imagination
	18. Choosing to Have Had a Revolution Lessons from South Africa’s Undecided Constitutionalism
		I. Introduction
		II. An Undecided Revolution: A Summary of the Argument
		III. A Concluding Thought: What Legal Revolution Looks Like
	19. The Race against Time
		I. Never Again
		II. Revolutionary Failures
		III. Broader Perspectives
		IV. Fundamental Critiques
Index