Constituent power, cosmopolitan constitutionalism, and post-positivist law

New Governance , Law and Constitutionalism

Progressive Constitutionalism and Alternative Movements in Law

On Law, Politics and Contemporary Constitutionalism

Is the political process, with all its difficulties, merely reflective of contemporary constitutionalism? Are the problems an aspect of ongoing inter-communal dialogue? To what extent are existing difficulties exacerbated by a general failure to grasp the difference between the logic of law and political theory and practice? These questions are addressed here in three basic stages: first, the r...

Law, cosmopolitan law, and the protection of human rights

In Between Facts and Norms, Habermas articulates a system of rights, including human rights, within the democratic constitutional state. For Habermas, while human rights, like other subjective rights have moral content, they do not structurally belong to a moral system; nor should they be grounded in one. Instead, human rights belong to a positive and coercive legal order upon which individuals...

Common Law Constitutionalism and Its Counterpart in Japan

* Associate Professor of Law, Sojo University; LL.M., University of California, Los Angeles; J.D., University of Tokyo; B.A., Waseda University. This paper is based on my LL.M. thesis, and I thank Clyde S. Spillenger for his supervision and advice. Without him, this Article would not exist. I also would like to thank Daniel Rosen and Lieba Faier for their thoughtful comments, and I thank Kazuno...