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Constitutionalism and the Rule of Law
Bridging Idealism and Realism

Maurice Adams, Ernst Hirsch Ballin, Anne Meuwese, Martin Krygier, Peter Lindseth, Randall Lesaffer, Shavana Musa, Sumit Bisarya, Elliot Bulmer, Adriaan Bedner, Nick Huls, Pierre de Vos, Adam Shinar, Feng Lin, Jörg Luther, Gerhard van der Schyff, Gábor Attila Tóth, Dimitry Kochenov, Kim Lane Scheppele, Tom Ginsburg, Mila Versteeg
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  • Publication planned for: September 2018
  • availability: Not yet published - available from September 2018
  • format: Paperback
  • isbn: 9781316606278

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About the Authors
  • Rule of law and constitutionalist ideals are understood by many, if not most, as necessary to create a just political order. Defying the traditional division between normative and positive theoretical approaches, this book explores how political reality on the one hand, and constitutional ideals on the other, mutually inform and influence each other. Seventeen chapters from leading international scholars cover a diverse range of topics and case studies to test the hypothesis that the best normative theories, including those regarding the role of constitutions, constitutionalism and the rule of law, conceive of the ideal and the real as mutually regulating.

    • Contains new historical conceptual and empirical analysis providing readers with an interdisciplinary approach
    • A combination of case studies with theoretical and transnational approaches gives readers a broad scope of constitutionalism and the rule of law
    • Presents a comprehensive view of political reality and constitutionalism, and rule of law ideals, with new material on how constitutionalism and the rule of law evolve
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    Product details

    • Publication planned for: September 2018
    • format: Paperback
    • isbn: 9781316606278
    • length: 558 pages
    • dimensions: 229 x 152 x 29 mm
    • weight: 0.739kg
    • availability: Not yet published - available from September 2018
  • Table of Contents

    Part I. Realism and Idealism in Constitutionalism and the Rule of Law: Theory and History:
    1. The ideal and the real in the realm of constitutionalism and the rule of law: an introduction Maurice Adams, Ernst Hirsch Ballin and Anne Meuwese
    2. Tempering power Martin Krygier
    3. Between the 'real' and the 'right': explorations along the institutional-constitutional frontier Peter Lindseth
    4. The emergence of the rule of law in western constitutional history: revising traditional narratives Randall Lesaffer and Shavana Musa
    Part II. The Rule of Law in Country-Specific Settings: Case Studies in Reconciling Realism and Idealism:
    5. Rule of law, democracy and human rights: the paramountcy of moderation Sumit Bisarya and Elliot Bulmer
    6. The need for realism: ideals and practice in Indonesia's constitutional history Adriaan Bedner
    7. Constitutionalism á la Rwandaise Nick Huls
    8. Between promise and practice: constitutionalism in South Africa more than twenty years after the advent of democracy Pierre de Vos
    9. Idealism and realism in Israeli constitutional law Adam Shinar
    10. Idealism and realism in Chinese constitutional theory and practice Feng Lin
    11. Realism and idealism in the Italian constitutional culture Jörg Luther
    12. Constitutional culture in the Netherlands: a sober affair Maurice Adams and Gerhard van der Schyff
    13. Illiberal rule of law? Changing features of Hungarian constitutionalism Gábor Attila Tóth
    Part III. Transnational Phenomena and International Developments:
    14. The EU and the rule of law - naïveté of a grand design? Dimitry Kochenov
    15. Constitutional coups in EU law Kim Lane Scheppele
    16. Peer review in the context of constitutionalism and the rule of law Anne Meuwese
    17. Constitutional correlates of the rule of law Tom Ginsburg and Mila Versteeg.

  • Editors

    Maurice Adams, Universiteit van Tilburg, The Netherlands
    Maurice Adams is Professor of General Jurisprudence and Professor of Democratic Governance and Rule of Law at the Law School of Universiteit van Tilburg, The Netherlands. His research has a particular focus on comparative law, and on the relation between constitutional law and political theory.

    Anne Meuwese, Universiteit van Tilburg, The Netherlands
    Anne Meuwese is Professor of European and Comparative Public Law at the Law School of Universiteit van Tilburg, The Netherlands. She is co-chair of the ECPR Standing Group on Regulatory Governance. Her work has been published in a number of renowned law journals.

    Ernst Hirsch Ballin, Universiteit van Tilburg, The Netherlands
    Ernst Hirsch Ballin is Professor of Dutch and European Constitutional Law at Universiteit van Tilburg, The Netherlands and Professor of Human Rights Law at the Universiteit van Amsterdam. Prior to returning to academia in 2011 he was Dutch Minister of Justice (1989–94, 2006–10) and Minister of the Interior and Kingdom Affairs (2010).

    Contributors

    Maurice Adams, Ernst Hirsch Ballin, Anne Meuwese, Martin Krygier, Peter Lindseth, Randall Lesaffer, Shavana Musa, Sumit Bisarya, Elliot Bulmer, Adriaan Bedner, Nick Huls, Pierre de Vos, Adam Shinar, Feng Lin, Jörg Luther, Gerhard van der Schyff, Gábor Attila Tóth, Dimitry Kochenov, Kim Lane Scheppele, Tom Ginsburg, Mila Versteeg

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