Constitutional Engagement in a Transnational Era by Vicki JacksonConstitutional Engagement in a Transnational Era by Vicki Jackson

Constitutional Engagement in a Transnational Era

byVicki Jackson

Paperback | March 29, 2013

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Constitutional law in the United States and around the world now operates within an increasingly transnational legal environment of international treaties, customary international law, supranational infrastructures of human rights and trade law, and growing comparative judicial awareness. Thisnew environment is reflected in increasing cross-national references in constitutional court decisions around the world. The constellation of legal orders in which established constitutional regimes operate has changed - there are more bodies generating law, more international legal sources, andmore multi-national interactions that bring into view various legal orders. How do these transnational phenomena affect our understanding of the role of constitutions and of courts in deciding constitutional cases? Constitutional Engagement in a Transnational Era explores this question, looking at constitutional court decisions from around the world, and identifyingpostures of resistance, convergence or engagement with international and foreign law. For the United States, the book argues for cautious engagement by the Supreme Court with transnational sources of law in interpreting the national constitution.Constitutional Engagement in a Transnational Era offers law school students and professors an authoritative study of comparative constitutional law by one of the most important scholars of domestic and comparative constitutional law. The book defines how international comparative experiences arerelevant to constitutional analysis and discusses in detail the multiple possible connections between international law and constitutional law including a comparative overview of constitutional law in Australia, Canada, France, Germany, India, Israel, South Africa, the United Kingdom, and the UnitedStates.
Vicki C. Jackson is the Thurgood Marshall Professor of Constitutional Law at Harvard Law School and previously taught at the Georgetown University Law Center as Carmack Waterhouse Professor of Constitutional Law. Professor Jackson is co-author with Professor Mark Tushnet of Comparative Constitutional Law (2d ed. 2006), a leading course...
Title:Constitutional Engagement in a Transnational EraFormat:PaperbackDimensions:540 pages, 9.21 × 6.14 × 0.68 inPublished:March 29, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019993469X

ISBN - 13:9780199934690


Table of Contents

Acknowledgments and PermissionsA Note to Readers on Citations and AbbreviationsIntroduction: Constitutional Cosmology - Convergence, Resistance, and Engagement1. Resisting the Transnational2. Convergence with the Transnational3. Engagment with the Transnational4. Constitutional Adjudication in the U.S. Supreme Court: Why Engage the Transnational?5. Engagment, U.S. Interpretive Theory, and Multifunctional Constitutions6. Engaging the Transnational: A Contextual Framework7. Engagement, Equality, and Older Constitutions8. Constitutional Particularities, Federalism and the Transnational9. Constitutions as Mediating Institutions, Transnatinal Constitutional Values, and Engagement in Twenty-First Century Constitutional InterpretationNotesTable of CasesIndex