Interpreting Constitutions: A Comparative Study

Paperback | June 14, 2007

EditorJeffrey Goldsworthy

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This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods andprinciples.Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P.Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter whichcompares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.

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This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods andprinciples.Among the interpretive methods discussed a...

Jeffrey Goldsworthy holds a Personal Chair at Monash University. His major interests are legal philosophy, and constitutional law, theory, and history. He has numerous publications in these fields, and is best known for his book "The Sovereignty of Parliament, History and Philosophy" (Clarendon Press, Oxford, 1999), and many journal a...

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Kobo ebook|Jan 28 2013

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Format:PaperbackDimensions:384 pages, 9.21 × 6.14 × 0.79 inPublished:June 14, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199226474

ISBN - 13:9780199226474

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Table of Contents

1. Introduction2. Mark Tushnet: United States: Eclecticism In the Service of Pragmatism3. Peter Hogg: Canada: From Privy Council to Supreme Court4. Jeffrey Goldsworthy: Australia: Devotion to Legalism5. Donald Kommers: Germany: Balancing Rights and Duties6. S.P. Sathe: India: From Positivism to Structuralism7. Heinz Klug: South Africa: From Constitutional Promise to Social Transformation8. Conclusions

Editorial Reviews

`The book is a success. The essays are largely coherent in both structure and vocabulary; the authors manage to insert distinct perspectives while keeping to their organizational discipline; and the essays support readers in generating ideas for new research directions. Although the bookfocuses on questions of constitutional interpretation, the comparative orientation and the scope of constitutional questions that each essay addresses will make it a valuable reference for political scientists and political theorists, not just lawyers. The book will prove especially useful tograduate students or researchers contemplating a shift in their primary research direction.'Mariah Zeisberg, The Law and Politics Book Review (Vol. 16, No. 8)