European and US Constitutionalism

How does constitutional theory and judicial practice differ between Europe and the United States?

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.

Preface; Part I. Introduction: 1. European and US constitutionalism: comparing essential elements Georg Nolte; Part II. Freedom of Speech: 2. Freedom of speech in Europe Roger Errera; 3. Freedom of expression adjudication in Europe and the United States: a case study in comparative constitutional architecture Frederick Schauer: Comment Lorraine Weinrib; Comment Winfried Brugger; Part III. Human Dignity: 4. The concept of human dignity in European and US constitutionalism Giovanni Bognetti; 5. 'Human dignity' In Europe and the United States: the social foundations James Q. Whitman; Comment Eyal Benvenisti; Comment Hugh Corder; Part IV. The Protective Function: 6. The protective function of the state Dieter Grimm; 7. The protective function of the state in the United States and Europe: the constitutional question Frank I. Michelman; Comment Heike Krieger; Part V. Adjudication: 8. Constitutional adjudication in Europe and the United States: paradoxes and contrasts Michel Rosenfeld; Comment Jeffrey Jowell: Comment László Sólyom; Comment César Landa; Part VI. Democracy and International Influences: 9. Democracy and international influences Lech Garlicki; 10. The two world orders Jed Rubenfeld; Comment Armin Von Bogdandy; Comment Yasuaki Onuma; Index.

This book asks whether and how far constitutional theory and judicial practice differ between Europe and the United States. The areas explored are freedom of speech, human dignity, duty of the state to protect individuals from harm, adjudication by constitutional and other courts, and democratic theory and international influences.

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.