Comparative Constitutionalism

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Comparative Constitutional Law

Author : Tom Ginsburg
Publisher : Edward Elgar Publishing
ISBN 13 : 0857931210
Total Pages : 681 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Comparative Constitutional Law by : Tom Ginsburg

Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

Comparative Constitutional Design

Author : Tom Ginsburg
Publisher : Cambridge University Press
ISBN 13 : 1107020565
Total Pages : 407 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Comparative Constitutional Design by : Tom Ginsburg

Download or read book Comparative Constitutional Design written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2012-02-27 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.

The Oxford Handbook of Comparative Constitutional Law

Author : Michel Rosenfeld
Publisher : OUP Oxford
ISBN 13 : 0191640166
Total Pages : 1416 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The Oxford Handbook of Comparative Constitutional Law by : Michel Rosenfeld

Download or read book The Oxford Handbook of Comparative Constitutional Law written by Michel Rosenfeld and published by OUP Oxford. This book was released on 2012-05-17 with total page 1416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

City, State

Author : Ran Hirschl
Publisher :
ISBN 13 : 019092277X
Total Pages : 273 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis City, State by : Ran Hirschl

Download or read book City, State written by Ran Hirschl and published by . This book was released on 2020 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the origins of constitutional silence about the metropolis; explores how urban agglomeration affects the theory and practice of constitutional democracy; examines the constitutional status and jurisprudence of megacity autonomy/dependence; advances new arguments for granting the metropolis adequate constitutional standing; and probes the political economy of state-city constitutional relations across time and place.

Comparative Constitutional Law

Author : Mark S. Kende
Publisher :
ISBN 13 : 9781611634853
Total Pages : 0 pages
Book Rating : 4.6/5 (348 download)

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Book Synopsis Comparative Constitutional Law by : Mark S. Kende

Download or read book Comparative Constitutional Law written by Mark S. Kende and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Harvard Law Professor Cass Sunstein has said that South Africa has "the most admirable constitution in the history of the world." This comparative constitutional law casebook is unique because it allows students and experts in U.S. constitutional law (or other nations) to compare their approach with modern South African constitutionalism. The transformative and progressive South African Constitution adopts the most successful parts of existing parliamentary constitutions, while honoring the nation's African heritage. Further, it incorporates numerous international human rights such as socio-economic and environmental rights. The book's South African focus guarantees readers will grasp the contingency and social context of a foreign constitutional court's decisions, rather than primarily surveying cases from numerous other nations. Yet the introductory chapter also provides background on South Africa, and then exposes readers to key theoretical questions about comparativism. Moreover, that chapter briefly describes seven other constitutional democracies where the courts play important but different roles than in South Africa. These nations provide further context for the strong judicial review exercised by the South African Constitutional Court. Indeed, excerpts from that Court's decisions make up most of the core second chapter. The core chapter also contains questions about the reasoning of each South African case, as well as how that case compares to a single foreign case on the same topic. The book is suitable for law students, as well as other graduate and undergraduate students. In addition, the book is the first condensed version of South African constitutional case law published in the U.S. Thus, it functions as a research collection for experts, as well as a casebook.

Comparative Constitutionalism

Author : Norman Dorsen
Publisher :
ISBN 13 :
Total Pages : 1722 pages
Book Rating : 4.3/5 (511 download)

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Book Synopsis Comparative Constitutionalism by : Norman Dorsen

Download or read book Comparative Constitutionalism written by Norman Dorsen and published by . This book was released on 2010 with total page 1722 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The U.S. Constitution and Comparative Constitutional Law

Author : Steven G. Calabresi
Publisher :
ISBN 13 : 9781628101904
Total Pages : 0 pages
Book Rating : 4.1/5 (19 download)

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Book Synopsis The U.S. Constitution and Comparative Constitutional Law by : Steven G. Calabresi

Download or read book The U.S. Constitution and Comparative Constitutional Law written by Steven G. Calabresi and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hardbound - New, hardbound print book.

Routledge Handbook of Comparative Constitutional Change

Author : Xenophon Contiades
Publisher : Routledge
ISBN 13 : 1351020978
Total Pages : 469 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Routledge Handbook of Comparative Constitutional Change by : Xenophon Contiades

Download or read book Routledge Handbook of Comparative Constitutional Change written by Xenophon Contiades and published by Routledge. This book was released on 2020-06-11 with total page 469 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.

Comparative Constitutional Studies

Author : Günter Frankenberg
Publisher :
ISBN 13 : 9781782548973
Total Pages : 0 pages
Book Rating : 4.5/5 (489 download)

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Book Synopsis Comparative Constitutional Studies by : Günter Frankenberg

Download or read book Comparative Constitutional Studies written by Günter Frankenberg and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Every constitution has an interesting story to tell, and for this book [the author] has selected...examples that encourage readers to practise realism, demonstrate critical spirit and examine the dark side of framers' reports and normative theories. This book deals with textbook hegemons, made in Philadelphia, Tokyo, Paris and, more importantly, with other constitutions from the global south, often classified as also-ran. Constitutions reflect conflicts and experiences, political visions and anxieties, ideals and ideologies, and [the author's] interdisciplinary approach serves as an...introduction to a new transnational conversation in comparative constitutional law."--

The Global South and Comparative Constitutional Law

Author : Philipp Dann
Publisher : Oxford University Press
ISBN 13 : 0192590758
Total Pages : 403 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Global South and Comparative Constitutional Law by : Philipp Dann

Download or read book The Global South and Comparative Constitutional Law written by Philipp Dann and published by Oxford University Press. This book was released on 2020-10-30 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume makes a timely intervention into a field which is marked by a shift from unipolar to multipolar order and a pluralization of constitutional law. It addresses the theoretical and epistemic foundations of Southern constitutionalism and discusses its distinctive themes, such as transformative constitutionalism, inequality, access to justice, and authoritarian legality. This title has three goals. First, to pluralize the conversation around constitutional law. While most scholarship focuses on liberal forms of Western constitutions, this book attempts to take comparative law's promise to cover all major legal systems of the world seriously; second, to reflect critically on the epistemic framework and the distribution of epistemic powers in the scholarly community of comparative constitutional law; third, to reflect on - and where necessary, test - the notion of the Global South in comparative constitutional law. This book breaks down the theories, themes, and global picture of comparative constitutionalism in the Global South. What emerges is a rich tapestry of constitutional experiences that pluralizes comparative constitutional law as both a discipline and a field of knowledge.

Comparative Constitutional Reasoning

Author : András Jakab
Publisher : Cambridge University Press
ISBN 13 : 1108138616
Total Pages : 867 pages
Book Rating : 4.1/5 (81 download)

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Book Synopsis Comparative Constitutional Reasoning by : András Jakab

Download or read book Comparative Constitutional Reasoning written by András Jakab and published by Cambridge University Press. This book was released on 2017-04-27 with total page 867 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent is the language of judicial opinions responsive to the political and social context in which constitutional courts operate? Courts are reason-giving institutions, with argumentation playing a central role in constitutional adjudication. However, a cursory look at just a handful of constitutional systems suggests important differences in the practices of constitutional judges, whether in matters of form, style, or language. Focusing on independently-verified leading cases globally, a combination of qualitative and quantitative analysis offers the most comprehensive and systematic account of constitutional reasoning to date. This analysis is supported by the examination of eighteen legal systems around the world including the European Court of Human Rights and the European Court of Justice. Universally common aspects of constitutional reasoning are identified in this book, and contributors also examine whether common law countries differ to civil law countries in this respect.

Constitutionalism and a Right to Effective Government?

Author : Vicki C. Jackson
Publisher : Cambridge University Press
ISBN 13 : 1009178105
Total Pages : 281 pages
Book Rating : 4.0/5 (91 download)

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Book Synopsis Constitutionalism and a Right to Effective Government? by : Vicki C. Jackson

Download or read book Constitutionalism and a Right to Effective Government? written by Vicki C. Jackson and published by Cambridge University Press. This book was released on 2022-10-27 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nations around the world are facing various crises of ineffective government. Basic governmental functions—protecting rights, preventing violence, and promoting material well-being—are compromised, leading to declines in general welfare, in the enjoyment of rights, and even in democracy itself. This innovative collection, featuring analyses by leaders in the fields of constitutional law and politics, highlights the essential role of effective government in sustaining democratic constitutionalism. The book explores “effective government” as a right, principle, duty, and interest, situating questions of governance in debates about negative and positive constitutionalism. In addition to providing new conceptual approaches to the connections between rights and governance, the volume also provides novel insights into government institutions, including courts, legislatures, executives, and administrative bodies, as well as the media and political parties. This is an essential volume for anyone interested in constitutionalism, comparative law, governance, democracy, the rule of law, and rights.

The Cambridge Companion to Comparative Constitutional Law

Author : Roger Masterman
Publisher : Cambridge University Press
ISBN 13 : 1107167817
Total Pages : 653 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis The Cambridge Companion to Comparative Constitutional Law by : Roger Masterman

Download or read book The Cambridge Companion to Comparative Constitutional Law written by Roger Masterman and published by Cambridge University Press. This book was released on 2019-10-03 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparing constitutions allows us to consider the similarities and differences in forms of government as well as the normative philosophies behind constitutional choices. The objective behind this Companion is to present the reader with a succinct yet wide-ranging companion to a modern comparative constitutional law course.

Comparative Constitution Making

Author : David Landau
Publisher : Edward Elgar Publishing
ISBN 13 : 1785365266
Total Pages : 623 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Comparative Constitution Making by : David Landau

Download or read book Comparative Constitution Making written by David Landau and published by Edward Elgar Publishing. This book was released on 2019 with total page 623 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 10.0px Arial}

Comparative Matters

Author : Ran Hirschl
Publisher :
ISBN 13 : 0198714513
Total Pages : 317 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Comparative Matters by : Ran Hirschl

Download or read book Comparative Matters written by Ran Hirschl and published by . This book was released on 2014 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.

Weak Courts, Strong Rights

Author : Mark Tushnet
Publisher : Princeton University Press
ISBN 13 : 1400828155
Total Pages : 288 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Weak Courts, Strong Rights by : Mark Tushnet

Download or read book Weak Courts, Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Surveillance, Counter-Terrorism and Comparative Constitutionalism

Author : Fergal Davis
Publisher : Routledge Research in Terrorism and the Law
ISBN 13 : 9781138094314
Total Pages : 340 pages
Book Rating : 4.0/5 (943 download)

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Book Synopsis Surveillance, Counter-Terrorism and Comparative Constitutionalism by : Fergal Davis

Download or read book Surveillance, Counter-Terrorism and Comparative Constitutionalism written by Fergal Davis and published by Routledge Research in Terrorism and the Law. This book was released on 2017-06-16 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The decade after 11 September 2001 saw the enactment of counter-terrorism laws around the world. These laws challenged assumptions about public institutions, human rights and constitutional law. Those challenges are particularly apparent in the context of the increased surveillance powers granted to many law enforcement and intelligence agencies. This book brings together leading legal scholars in the field of counter-terrorism and constitutional law, and focuses their attention on the issue of surveillance. The breadth of topics covered in this collection include: the growth and diversification of mechanisms of mass surveillance, the challenges that technological developments pose for constitutionalism, new actors in the surveillance state (such as local communities and private organisations), the use of surveillance material as evidence in court, and the effectiveness of constitutional and other forms of review of surveillance powers. The book brings a strong legal focus to the debate surrounding surveillance and counter-terrorism, and draws important conclusions about the constitutional implications of the expansion of surveillance powers after 9/11.