Although it has been claimed that we live in an age of constitutionalism, national and transnational constitutions neither appear as uniform models nor as uncontested means of setting the rules of the game in the political, economic, or religious domain. This book aims to convince readers of a cultural perspective on constitutions. Tying in with the research approach of the Kate Hamburger Center "Law as Culture", the term "constitutional culture" evokes the multidimensional life of a constitution that cannot be restricted to its - though essential - textual normative provisions and authorized interpreters. Grasping the foundational force and societal influence of constitutions by means of cultural theory and analysis also calls for the investigation of narratives, symbols, rituals, materials, and places in which constitutions are framed and reproduced. With this objective in mind, the contributions to this volume, written by lawyers, sociologists, and political scientists, illuminate different dimensions of the cultural manifestation of constitutions as well as contemporary legal, political, and social struggles arising around their shape and range of influence in various regions of the world.

"Although it has been claimed that we live in an age of constitutionalism, national and transnational constitutions neither appear as uniform models nor as uncontested means of setting the rules of the game in the political, economic, or religious domain. This book aims to convince readers of a cultural perspective on constitutions. Tying in with the research approach of the Käte Hamburger Center "Law as Culture," the term "constitutional culture" evokes the multidimensional life of a constitution that cannot be restricted to its--though essential--textual normative provisions and authorized interpreters. Grasping the foundational force and societal influence of constitutions by means of cultural theory and analysis also calls for the investigation of narratives, symbols, rituals, materials, and places in which constitutions are framed and reproduced. With this objective in mind, the contributions to this volume, written by lawyers, sociologists, and political scientists, illuminate different dimensions of the cultural manifestation of constitutions as well as contemporary legal, political, and social struggles arising around their shape and range of influence in various regions of the world."-- Back cover.

This volume investigates the nature of constitutional democratic government in the United States and elsewhere. It provides comprehensive tools for analyzing and comparing different forms of constitutional democracy. The collection will be of interest to students and readers in political science, law, history and political philosophy.

In this revised and updated second edition of The Dynamic Constitution, Richard H. Fallon, Jr., provides an engaging, sophisticated introduction to American constitutional law. Suitable for lawyers and non-lawyers alike, this book discusses contemporary constitutional doctrine involving such issues as freedom of speech, freedom of religion, rights to privacy and sexual autonomy, the death penalty, and the powers of Congress. Through examples of Supreme Court cases and portraits of past and present Justices, this book dramatizes the historical and cultural factors that have shaped constitutional law. The Dynamic Constitution, Second Edition combines detailed explication of current doctrine with insightful analysis of the political culture and theoretical debates in which constitutional practice is situated. Professor Fallon uses insights from political science to explain some aspects of constitutional evolution and emphasizes features of the judicial process that distinguish constitutional law from ordinary politics.

Cultural history and themendment : New York Times v. Sullivan and its times / Kermit L. Hall -- New directions in American constitutional history -- Words as hard as cannon-balls : women's rights agitation -- And liberty of speech in nineteenth-century America / Sandra F. VanBurkleo -- Race, state, market, and civil society in constitutional history / Mark Tushnet -- Constitutional history and the "cultural turn" : cross -- Examining the legal-reelist narratives of Henry Fonda / Norman L. Rosenberg -- Contributors

Comparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe, and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and from changes to the formal constitution.

"In this revised and updated second edition of The Dynamic Constitution, Richard H. Fallon, Jr., provides an engaging, sophisticated introduction to American constitutional law. Suitable for lawyers and non-lawyers alike, this book discusses contemporary constitutional doctrine involving such issues as freedom of speech, freedom of religion, rights to privacy and sexual autonomy, the death penalty, and the powers of Congress. Through examples of Supreme Court cases and portraits of past and present Justices, this book dramatizes the historical and cultural factors that have shaped constitutional law. The Dynamic Constitution, Second Edition combines detailed explication of current doctrine with insightful analysis of the political culture and theoretical debates in which constitutional practice is situated. Professor Fallon uses insights from political science to explain some aspects of constitutional evolution and emphasizes features of the judicial process that distinguish constitutional law from ordinary politics"--