The Oxford Handbook of Comparative Constitutional Law
Michel Rosenfeld, András Sajó
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.
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Contents
Introduction
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1 |
HISTORY METHODOLOGY AND TYPOLOGY
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23 |
IDEAS
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187 |
PROCESS
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417 |
ARCHITECTURE
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545 |
MEANINGS TEXTURES
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687 |
INSTITUTIONS
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793 |
RIGHTS
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889 |
OVERLAPPING RIGHTS
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1055 |
TRENDS
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1163 |
Index
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1349 |
Other editions - View all
The Oxford Handbook of Comparative Constitutional Law Michel Rosenfeld,András Sajó Limited preview - 2012 |
The Oxford Handbook of Comparative Constitutional Law Michel Rosenfeld,András Sajó No preview available - 2012 |
The Oxford Handbook of Comparative Constitutional Law Michel Rosenfeld,András Sajó No preview available - 2012 |
Common terms and phrases
Africa amendment American argued assembly authority Bruce Ackerman Carl Schmitt central Chapter citizens common Comparative Constitutional Law Comparative Law concept constitution-making Constitutional Court constitutional rights constitutionalism context countries cultural debate decision democracy democratic Dieter Grimm doctrine economic elected emergency equality European European Union example executive federal freedom functions fundamental rights gender German Global human dignity Human Rights Ibid idea individual institutions International Law interpretation issues judicial review Jürgen Habermas jurisprudence Justice Law Journal Law Review legislative legislature legitimacy liberal liberty limited Mark Tushnet ment neutrality normative Parliament parliamentary parliamentary systems parties perspective political practice President presidential systems principles procedural protection question reasons referendum regime religious Republic requires role rule of law Sajó scholars secession separation of powers social society sovereign sovereignty status structure Supreme Court theory tion tional tradition Tushnet United Kingdom vote