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Michel Rosenfeld - The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community

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Michel Rosenfeld The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture, and Community
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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.

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The Identity of the Constitutional Subject

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.

Michel Rosenfeld is Justice Sydney L. Robins Professor of Human Rights, at the Benjamin N. Cardozo School of Law. Rosenfeld teaches and is widely published in the fields of American and comparative constitutional law and legal philosophy. His books include Affirmative Action and Justice: A Philosophical and Constitutional Inquiry (1991); Just Interpretations: Law Between Ethics and Politics (1998); and Comparative Constitutionalism: Cases and Materials (2003).

Discourses of Law

This successful and exciting series seeks to publish the most innovative scholarship at the intersection of law, philosophy and social theory. The books published in the series are distinctive by virtue of exploring the boundaries of legal thought. The work that this series seeks to promote is marked most strongly by the drive to open up new perspectives on the relation between law and other disciplines. The series has also been unique in its commitment to international and comparative perspectives upon an increasingly global legal order. Of particular interest in a contemporary context, the series has concentrated upon the introduction and translation of continental traditions of theory and law.

The original impetus for the series came from the paradoxical merger and confrontation of East and West. Globalization and the internationalization of the rule of law has had many dramatic and often unforeseen and ironic consequences. An understanding of differing legal cultures, particularly different patterns of legal thought, can contribute, often strongly and starkly, to an appreciation if not always a resolution of international legal disputes. The rule of law is tied to social and philosophical underpinnings that the series has sought to excoriate and illuminate.

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The publisher gratefully acknowledges the support of the Jacob Burns Institute for Advanced Legal Studies of the Benjamin N. Cardozo School of Law to the series Discourses of Law.

The Identity of the Constitutional Subject

Selfhood, Citizenship, Culture, and Community

Michel Rosenfeld

The Identity of the Constitutional Subject Selfhood Citizenship Culture and Community - image 1

LONDON AND NEW YORK

First published 2010
by Routledge
2 Park Square, Milton Park, Abingdon,
Oxon OX14 4RN

Simultaneously published in the USA and Canada
by Routledge
270 Madison Avenue, New York, NY 10016

Routledge is an imprint of the Taylor & Francis Group, an informa business

This edition published in the Taylor & Francis e-Library, 2009.


To purchase your own copy of this or any of Taylor & Francis or Routledges collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.

2010 Michel Rosenfeld

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or
by any electronic, mechanical, or other means, now known or hereafter invented, including
photocopying and recording, or in any information storage or retrieval system, without
permission in writing from the publishers.

British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data
Rosenfeld, Michel, 1948
The identity of the constitutional subject : selfhood, citizenship, culture, and community /
Michel Rosenfeld.
p. cm.
ISBN 9780415949736ISBN 9780415949743
1. Constitutional lawSocial aspects. 2. Constitutional lawPsychological aspects.
3. Constitutional lawPhilosophy. I. Title.
K3165.R668 2010
342dc22 2009014424

ISBN 0-203-86898-6 Master e-book ISBN

ISBN10: 0415949734 (hbk)

ISBN13: 9780415949736 (hbk)

ISBN10: 0415949742 (pbk)

ISBN13: 9780415949743 (pbk)

ISBN10: 0203868986 (ebk)

ISBN13: 9780203868980 (ebk)

For my children Maa and Alexis

Contents
Acknowledgements

This book is the culmination of a long process of gestation and concentration on constitutional identity and the constitutional subject which started nearly two decades ago. Many of the ideas developed in the book are the product of discussions and exchanges with numerous colleagues and students at the Cardozo School of Law and at various other institutions throughout the world. The number of individuals who have influenced my thinking, helped me refine my analysis, and stirred me away from errors is far too great for me to attempt to list here. I will therefore only single out my two fellow co-editors of the series Discourses of Law, Peter Goodrich and Arthur Jacobson for their great support and encouragement as well as for their insightful and useful comments and criticism on my manuscript. They have certainly helped me strengthen it significantly, but are, of course, in no way responsible for any remaining errors. I wish to thank, in addition, two of my research assistants at Cardozo, Elena Cohen and Benjamin Ledsham, for their outstanding work in connection with various phases of this book project.

I have also been fortunate to benefit from great personal support throughout the course of this book project. My wife, Susan Thaler, has provided all the encouragement and caring that anyone could wish for, and has helped me live through the ups and downs that a project such as this inevitably entails thanks, in part, to her keen and acute sense of proportion and to her disarming sense of humor. My children, Maa and Alexis, who became of age as politically engaged citizens during the course of this project, have been a constant source of joy, pride and intellectual stimulation.

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