Comparative Matters: The Renaissance of Comparative Constitutional Law by Ran HirschlComparative Matters: The Renaissance of Comparative Constitutional Law by Ran Hirschl

Comparative Matters: The Renaissance of Comparative Constitutional Law

byRan Hirschl

Paperback | March 10, 2016

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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 thistremendous 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 aloneanswered. 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, andexploring 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 apolitical 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 ofcomparative 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 incontemporary legal scholarship.
Ran Hirschl (PhD, Yale) is Professor of Political Science and Law, and holder of the Canada Research Chair in Constitutionalism, Democracy and Development at the University of Toronto. He is the author of three books: Towards Juristocracy: The Origins and Consequences of the New Constitutionalism (Harvard University Press, 2004 and 200...
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Title:Comparative Matters: The Renaissance of Comparative Constitutional LawFormat:PaperbackDimensions:304 pages, 9.21 × 6.14 × 0.03 inPublished:March 10, 2016Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198714521

ISBN - 13:9780198714521

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Table of Contents

Introduction: The C Word1. The View from the Bench: Where the Comparative Judicial Imagination Travels2. Early Engagements with the Constitutive Laws of Others: Lessons from Pre-Modern Religion Law3. Engaging the Constitutive Laws of Others: Necessities, Ideas, Interests4. From Comparative Constitutional Law to Comparative Constitutional Studies5. How Universal is Comparative Constitutional Law?6. Case Selection and Research Design in Comparative Constitutional StudiesEpilogue: Comparative Constitutional Law: Quo Vadis?

Editorial Reviews

"Comparative Matters truly matters, for if indeed we are now entering the 'era of comparative law,' we will need instruction and guidance in both the sources for, and possible futures of, this exciting renewal of intellectual exploration. In this wonderful book Ran Hirschl demonstrates that heis uniquely qualified to fill this role. By tracing contemporary debates and challenges in comparative constitutionalism to classical antecedents, he clears the path for a "renaissance" of methodologically and analytically diverse scholarly inquiry into the multifarious ways in which societies mightchoose to organize themselves constitutionally. In so doing he exemplifies the very transcendence towards which the book is devoted; thus the reach of his learning and the catholicity of his inter-disciplinary applications are precisely what are required for the successful evolution from comparativeconstitutional law to comparative constitutional studies." --Gary J. Jacobsohn, University of Texas