Limiting Government
An Introduction to Constitutionalism
András Sajó, Central European University,
Budapest
Until the previous decade, constitutionalism in Eastern
Europe was considered to be an outmoded concept of the
nineteenth century. Changes in the region, however,
have brought back the fundamental question of the need
to restrict government power through social self-binding.
This book discusses the mechanisms of such restriction,
including different forms of the separation of powers
and constitutional review. It relates the theoretical
and practical importance of the issue to the present
world-wide discontent with majoritarian democracy and
the growing disrepute of parliaments. Increasing executive
efficiency is, however, a threat to fundamental rights,
and the battlecry of efficiency is often only a means
to new despotism and inefficiency. A careful re-evaluation
of the concept of constitutionalism assists in the search
for a useful balance between majoritarianism and rights,
and in the avoidance of all forms of public tyranny.
Written in non-technical language and using the most
important English, American, French, and German examples
of constitutional history, the book also examines East
European (in particular, Russian) and Latin American
examples, in part to illustrate certain dead-ends in
constitutional development. It is intended to be an
introduction for all those concerned with liberty.
"It is hard to imagine anyone better qualified to write
an authoritative book on constitutionalism. Sajó uniquely
combines practical experience as a constitutional actor
in Hungary and other East/ Central European countries
with extraordinary depth and breadth as a comparative
constitutionalist and legal theorist. In this book,
Sajó brilliantly displays his multiple talents in providing
a succinct and profound appraisal of the state of constitutionalism
at the eve of the millennium. Drawing on history, philosophy
and legal theory and on his vast knowledge of the British,
French, German, American and East/ Central European
experiences, he distills the essentials of constitutionalism
in a clear, lively, incisive and trenchant analysis.
Sajó's book is undisputedly a major contribution to
the field which will be read by experts as well as by
all those who are seriously interested in the fate and
prospects of constitutional democracy. "
- Michel Rosenfeld, Cardozo School of Law
Contents
Introduction. Chapter 1: The constitution as
fear and acceptance Chapter 2: The taming of
democracy Chapter 3: Dangerous liaisons: checks
and balances and the separation of powers Chapter
4: Parliamentarism and the legislative branch Chapter
5: The executive power Chapter 6: The rule-of-law
state and its executors Chapter 7: Constitutional
adjudication Chapter 8: Fundamental rights
1999
288 pages
ISBN 978-963-9116-25-2 cloth $49.95 / €42.95 / £33.00
ISBN 978-963-9116-24-5 paperback $24.95 / €19.95 / £16.99
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