European and US Constitutionalism
Cambridge University Press, Sep 29, 2005 - Law - 254 pages
European constitutionalism is not merely an intra-European phenomenon but it can also be compared to other major forms of constitutionalism. Over the past decade or so issues have emerged which seem to indicate that European constitutional theory and practice is becoming aware that it has developed certain rules and possesses certain characteristics which distinguish it from US constitutionalism and vice versa. This book explores whether such differences can be found in the five areas of 'freedom of speech', 'human dignity', 'duty to protect', 'adjudication' and 'democracy and international influences'. The authors of this book are constitutional scholars from Europe and the United States as well as from other constitutional states, such as Canada, Israel, Japan, Peru and South Africa.
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Freedom of speech in Europe
Freedom of expression adjudication in Europe
The concept of human dignity in European and
the social foundations
The protective function
The protective function of the state in the United States
Constitutional adjudication in Europe
Democracy and international influences
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abortion Amendment American constitutional arguments Article Bill of Rights BVerfGE citizens civil clause common law concept of human constitutional adjudication constitutional law continental contrast Convention on Human countermajoritarian difficulty countries Court of Human criminal culture debate decisions democracy democratic Dieter Grimm due process duty to protect Europe European constitutional European Convention European Court example federal France free speech freedom of expression freedom of speech French fundamental rights German Constitutional Court Grundgesetz guarantee hate speech Holocaust Denial human dignity Human Rights important individual institutions international law issue judicial review jurisprudence justice Law Review legal system legislation legislature legitimacy liberty limited norms parliament parliamentary person political principle protective function punishment question Rechtsstaat recognised respect role rule of law Schutzpflicht seqq social society South Africa statute Supreme Court theory tion tional tradition United Kingdom University Press values Venice Commission violation