The Constitution of Freedom An Introduction to Legal Constitutionalism 1st edition by Andras Sajo,Renata Uitz 9780191046049 0191046043

1 Constitutions and Constitutionalism

1 Warning, Danger! Definitions

2 Constitutional Fabric

3 Social Organization and Constitutional Order

4 Pre-commitment: Ulysses Binds Himself to the Mast

5 Formalizing Pre-commitment: Entrenchment and Amendment Rules

6 Imperfect Constitutions and Threats to Constitutionalism

2 Conditions for a Constitution

1 Constituent Power

2 Constitutional Identity

3 What Precedes and What Follows the Constitution? Order and Acceptance

3 Democracy, or Taming an Unruly Friend

1 The Sovereign Power of the People Meets Constitutionalism

2 From Sovereignty to Rule of the People

3 The Risks of People’s Sovereign Power

4 Representative Government

5 Two Concepts of Democracy

6 Majority Rule

7 The Ghost of Popular Sovereignty

8 Constitutional Limits on Democracy: Counter-Majoritarian Measures

4 Dangerous Liaisons: Separation of Powers and Checks and Balances

1 Separation(s) of Power(s) and Tireless Balancing

2 From Contingencies to Constitutional Chicanery

3 The Judiciary as a Branch of Power

4 The Triumph of the Executive

5 Keeping Safe (?) Distance: Independent Agencies

6 Outsourcing Public Powers: The Problem with Private Interests

7 Separation of Powers as a Means to Preserve Freedom

5 Federalism

1 What is Federalism?

2 Choosing Federalism

3 Federal Structures

4 Models of National (Federal)–State Relationship

5 Ethnic Federalism—Accommodating Diversity

6 Secession in a Federation

7 Federalism_ A Tool of Liberty

6 Parliamentarism and the Legislative Branch

1 Of Parliaments and Parliamentarism

2 The Transformations of the Legislative Branch

3 The Structure and Operation of Parliament

4 Unicameral versus Bicameral Systems

5 Legislative Powers

7 The Executive Power

1 Who or What Is the Executive?

2 The Nature of Executive Powers

3 On the Road to Executive Democracy

4 Limiting the Powers of the Executive from Within

8 The Rule of Law and Its Executors

1 Rule by Man, Rule by Law, and the Origins of the Rule of Law State

2 What Does the Rule of Law Stand For?

3 The Darker Side

4 Enforcing the Law and the Administration of Justice

5 Infiltrating Life: Juridification and Judicialization of Politics

9 Who Guards the Guardians? Constitutional Adjudication

1 Introductory Considerations

2 Origins and Justifications of Constitutional Review

3 Models and Variations

4 Interpreting or Rewriting the Constitution?

5 Legitimacy: How Political is ‘Too Political’?

6 Judicial Activism, Deference, and Political Backlash

7 Taking the Constitution Away from the Courts?

10 Rights

1 What Are Constitutional Rights About?

2 What Qualifies as a Fundamental Right? Defining and Listing

3 What Do Fundamental Rights Imply?

4 Reconciling Government with Freedom in Constitutionalism_ Restrictions on Fundamental Rights

11 Constitutions Under Stress

1 Preliminaries and Antecedents: A Note on Dictators

2 Emergencies

3 Militant Democracy

4 Erosion of Constitutionalism_ The Rise of the Preventive State

12 Multi-layered Constitutionalism, Globalization, and the Revival of the Nation State

1 Multi-layered Constitutionalism_ Origins and Dilemmas

2 Supra-national Constitutional Actors and Their Interactions

3 Weaving the Multi-layered Constitutional Web: Convergence Revisited

4 The Limits of Multi-layered Constitutionalism_ Return to Sovereignty?