European and US Constitutionalism

Cover
Georg Nolte
Cambridge University Press, 29.09.2005 - 312 Seiten
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.
 

Inhalt

Freedom of speech in Europe
23
Freedom of expression adjudication in Europe
49
Comment
70
The concept of human dignity in European and
85
Comment
128
The protective function of the state
137
The protective function of the state in the United States
146
Comment
181
Constitutional adjudication in Europe
197
Comment
255
Democracy and international influences
263
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Autoren-Profil (2005)

Georg Nolte is Professor of Law at the University of Munich. From 1999 until 2004 he was Professor of Law at the University of Gottingen and in 2003/04 he was a Visiting Fellow at All Souls College, Oxford.

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