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The political changes which have occurred in the last three years have been phenomenal--the dissolving of the former Soviet Union, the impending union of Western Europe, and the evolution of democracy in Eastern Europe. What changes have occurred in the legal structure of these countries? How have their constitutions been affected by these developments? Stanley Katz, Douglas Greenberg, and other scholars and politicians from numerous countries discuss in this work the experiences of constitutionalism. Previously, little work has been done in this field, but now Constitutionalism and Democracy represents the range and depth for serious constitutional analysis. Discussing concrete issues such as human rights, nationalism, and pluralism, this volume will be essential in understanding the phenomenon of constitutionalism in various parts of the world.

Tabla de contenidos provista por Syndetics

• Contributors(p. ix)
• Introduction(p. xv)
• I Transitions
• 1. Constitutions, Constitutionalism, and Democracy(p. 3)
• 2. Constitutionalism in Europe Since 1945: Reconstruction and Reappraisal(p. 26)
• 3. Transition to Democracy, Corporatism, and Presidentialism with Special Reference to Latin America(p. 46)
• 4. Constitutions Without Constitutionalism: Reflections on an African Political Paradox(p. 65)
• II Human Rights
• 5. Human Rights in Constitutional Order and in Political Practice in Latin America(p. 85)
• 6. The National Question, Secession and Constitutionalism: The Mediation of Competing Claims to Self-Determination(p. 105)
• 7. European Courts and Human Rights(p. 126)
• 8. Social Movements, Constitutionalism, and Human Rights: Comments from the Malaysian and Indonesian Experiences(p. 139)
• III Pluralism and Nationalism
• 9. Uses and Usurpation of Constitutional Ideology(p. 159)
• 10. Social Movements and Constitutionalism: The African Context(p. 172)
• 11. The Theory of the State in the Third World and the Problematics of Constitutionalism(p. 186)
• 12. Constitutionalism and The Nationalist Discourse: The Indian Experience(p. 197)
• IV Institutional Arrangements
• 13. Reconstructing Political Space: Militarism and Constitutionalism in Africa(p. 215)
• 14. Providing for the Common Defense: What Latin American Constitutions Have to Say About The Region's Armed Forces(p. 235)
• 15. Parliamentary Democracy in Europe 1992: Tentative Questions and Answers(p. 349)
• V Constitutional Conundrums in Europe
• 16. The Necessity and Impossibility of Simultaneous Economic and Political Reform(p. 267)
• 17. Parliamentary Crisis and How to Strengthen Democracy(p. 275)
• 18. Iberian Case Study: The Constitutionalism of Democratization(p. 287)
• 19. The Role of the State: Contradictions in the Transition to Democracy(p. 300)
• 20. Perspectives on the Current Constitutional Situation in Poland(p. 312)
• 21. Rule by Law in East Central Europe: Is The Emperor's New Suit a Straightjacket?(p. 321)
• VI Reflections on Constitutionalism
• 22. Latin America: Constitutionalism and the Political Traditions of Liberalism and Socialism(p. 339)
• 23. Constitutionalism: A Timely Revival(p. 354)
• 24. The Crisis of Constitutionalism: South Asian Perspectives(p. 361)
• 25. Constitutionalism in Africa: Some Conclusions(p. 366)
• Index(p. 379)

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CHOICE Review

The 25 papers in this volume are the culmination of a series of international conferences held by the American Council of Learned Societies on the issue of comparative constitutionalism. Five regional conferences were held in Uruguay, Thailand, Germany, Zimbabwe, and Hungary emphasizing regional issues with a summary conference at Princeton. Contributors to this work represent all of these regions and are drawn from academia, journalism, and public life. This volume is particularly relevant and important with the breakup of the Soviet Union and the constitution-making processes now being undertaken in the former Soviet states. Although it is impossible to review all the papers in this limited space, it is important to note that all are extraordinary pieces and will contribute in an important way to this developing field. They include discussions on the critical topics of transitions to constitutionalism and democracy, human rights, nationalism and pluralism, theories of the state, institutional relationships, and particular problems in constitutional development. Of special note is the excellent overview essay by Walter Murphy which summarizes much of his earlier writing in American Constitutional Interpretation (1986) and places it within the context of cross-cultural constitutional study. Graduate; faculty. M. W. Bowers; University of Nevada, Las Vegas

Notas de autor provistas por Syndetics

Douglas Greenberg, Stanley Katz, and Steven C. Wheatley are all of the American Council of Learned Societies. Melanie Beth Oliviero is at Michael Harrington Center.