Contemporary Western constitutional systems promised a liberty-based political and social order. Yet over time, liberty has turned into a self-destructive force. The authors of this volume reflect on the demise of liberty (and with it liberty based constitutional orders) from the perspective of political practice and through the lenses of political theory, law and human rights. The first four chapters of the collection reflect on key problems from the broader perspective of constitutionalism and liberty. The following four chapters address the tension between liberty and dignity, while the last two chapters bring case studies on particularly challenging issues to the discussion.
Renata Uitz is professor, chair of the comparative constitutional law program and head of department at Central European University, Department of Legal Studies in Budapest, Hungary. Her research and teaching cover subjects in comparative constitutional law, transitional constitutionalism and the protection of fundamental rights.
1. Liberty and its Competitors; 2. Fear, Favor and Freedom: Judith Shklar's Liberalism of Fear Revisited; 3. Republican Freedom, Non-Domination, and Global Constitutionalism; 4. Freedom under an Order of Public Law: From Hobbes through Hayek to Republicanism; 5. Jeremy Waldron on Dignity and Responsibility Rights: Can the Tragedy of Liberty be Avoided?; 6. Dignity and the Challenge to Liberty: Reading Andras Sajo's Constitutional Sentiments; 7. Refining Political Liberty and Democratic Liberalism in Nationally Diverse Democracies; 8. No Longer a Slave but Not Yet Free: Freedom and Social Dislocation; 9. Victims' Rights and Due Process; 10. Two Moral Mistakes in the American Criminal Justice System.