Constitutional Topography: Values and

This volume explores the potential locations of constitutional values, their relationship with the text of the constitution, their function in judicial reasoning, and their function beyond the confines of court proceedings. Covering a wide range of perspectives from lawyers (including judges, former advocates, and law professors) to philosophers and political scientists, who offer an interesting combination of methodologies and exploring numerous national and international contexts, this collection of essays provides further insight into the ongoing rich and intense interdisciplinary exchange on constitutional axiology. The first part of the book reflects on the fundamental premises of the relationship between constitutional text and judicial reasoning. The second part provides adjudication-oriented answers to the theoretical positions outlined. Contributions in the closing section tackle specific values and value arguments in constitutional adjudication across jurisdictions, focusing

List of Contributors	p. vii
Preface	p. ix
Theoretical Perspectives - The Wide Angle
Constitutional Morality and Judicial Review	p. 3
Constitutionalism and Value Theory	p. 21
The Only Constitution and Its Many Enemies	p. 45
Constitutional Specificity, Unwritten Understandings and Constitutional Agreement	p. 69
The Constitution as a Theory of Society in a Society: A Reflection after Twenty Years of Democratic Changes in East Central Europe	p. 95
Values for a Valueless Society: Constitutional Morality After Collective Crime	p. 123
Practical Experiences - National And International Perspectives
Should Rights Shape Societies and Their Values, or Should Societal Values Shape Rights? An Examination of the Case Law of the European Court of Human Rights	p. 143
Axiological Aspects of the Russian Constitution	p. 169
Behind the Constitution? The Principle of Constitutional Identity in France	p. 187
The Constitutional Value System and Social Values in South Africa	p. 205
Constitutional Values In Constitutional Issues
Individual Autonomy as a Constitutional Value: Fundamental Assumptions Revisited	p. 235
Contested Concepts: Equality and Dignity in the Case-Law of the Canadian Supreme Court and South African Constitutional Court	p. 271
The Judge as Moral Arbiter? The Case of Abortion	p. 299
Intuition as Axiological Source: A Case Study from Gay Rights	p. 317
The Dictatorship of the Obscure? Values and the Secular Adjudication of Fundamental Rights	p. 343
Are Religious Sensitivities Above the Constitution? Reflections on the Collective Defamation of Religious People	p. 367
Principles of Law and Law Out of Principles in Social and Economic Policy: Constitutional Courts and Legislatures as Friends and Foes in Constitutional Politics	p. 385
Table of Contents provided by Ingram. All Rights Reserved.

What is included with this book?

The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.

FREE SHIPPING

Amazon no longer offers textbook rentals. We do!

Constitutional Topography: Values and Constitutions

Summary

Table of Contents

Supplemental Materials