The Oxford Handbook of Comparative Constitutional Law

Paperback | October 17, 2013

EditorMichel Rosenfeld, Andras Sajo

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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 andthe 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 constitutionalmaterials 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 aparliamentary 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 itperilous 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 andpolitical 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 andmethodology 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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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 andthe expansion of international human rights...

Michel Rosenfeld is the Justice Sydney L. Robins Professor of Human Rights at the Benjamin N. Cardozo School of Law, where he is also Director of the Program on Global and Comparative Constitutional Theory. He is the co-editor-in-chief of International Journal of Constitutional Law and the author or co-editor of numerous books, includ...

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Format:PaperbackDimensions:1416 pages, 9.69 × 6.73 × 0.01 inPublished:October 17, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199689288

ISBN - 13:9780199689286

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Table of Contents

Part I: History, Methodology, and Typology1. Comparative Constitutional Law: A Contested Domaina. Armin von Bogdandy: Comparative Constitutional Law: A Continental Perspectiveb. Michel Rosenfeld: Comparative Constitutional Analysis in United States Adjudication and Scholarship2. Vicki Jackson: Comparative Constitutional Law: Methodologies3. Peer Zumbansen: Carving out Typologies and Accounting for Differences Across Systems: Towards a Methodology of Transnational Constitutionalism4. Dieter Grimm: Types of Constitutions5. Li-ann Thio: Constitutionalism in Illiberal Polities6. Arun Thiruvengadam and Gedion Hessebon: Constitutionalism and Impoverishment: A Complex Dynamic7. Stephen Gardbaum: The Place of Constitutional Law in the Legal SystemPart II: Ideas8. Stephen Holmes: Constitutions and Constitutionalism9. Mark Tushnet: Constitution10. Martin Krygier: Rule of Law11. Gunter Frankenberg: Democracy12. Olivier Beaud: Conceptions of the State13. Robert Alexy: Rights and Liberties as Concepts14. Frank Michelman: Constitutions and the Public Private Divide15. Janos Kis: State Neutrality16. Roberto Gargarella: The Constitution and Justice17. Michel Troper: Sovereignty18. Matthias Mahlmann: Carving out the Essence of Humanity: Human Dignity and Autonomy in Modern Constitutional Orders19. Catharine Mackinnon: Gender and the ConstitutionPart III: Process20. Claude Klein and Andras Sajo: Constitution-Making as a Process21. David Dyzenhaus: States of Emergency22. Yasuo Hasebe: War Powers23. Susanna Mancini: Secession and Self-Determination24. Laurence Morel: Referendum25. Richard Pildes: ElectionsPart IV: Architecture26. Jenny Martinez: Horizontal Structuring27. Daniel Halberstam: Federalism: Theory, Policy, Law28. Sergio Bartole: Internal Ordering in the Unitary State29. Hector Fix-Fierro and Pedro Salazar-Ugarte: Presidentialism30. Anthony W. Bradley and Cesare Pinelli: Parliamentarism31. Susan Rose-Ackerman: The Regulatory StatePart V: Meanings/Textures32. Jeffrey Goldsworthy: Constitutional Interpretation33. Bernhard Schlink: Proportionality (1)34. Aharon Barak: Proportionality (2)35. Michel Rosenfeld: Constitutional Identity36. Gary Jeffrey Jacobsohn: Constitutional Values and PrinciplesPart VI: Institutions37. Juliane Kokott and Martin Kaspar: Ensuring Constitutional Efficacy38. Alec Stone Sweet: Constitutional Courts39. Roderick A MacDonald and Hoi Kong: Judicial Independence as a Constitutional Virtue40. Daniel Smilov: The Judiciary: The Least Dangerous Branch?41. Cindy Skach: Political Parties and the ConstitutionPart VII: Rights42. Eric Barendt: Freedom of Expression43. Andras Sajo and Renata Uitz: Freedom of Religion44. Richard Vogler: Due Process45. Ulrich Preuss: Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association),46. Manuel Jose Cepeda Espinosa: Privacy47. Susanne Baer: Equality48. Ayelet Shachar: Citizenship49. Dennis Davis: Socio-Economic Rights50. K D Ewing: Economic RightsPart VIII: Overlapping Rights51. Reva Siegel: (The Rights to the Freedoms of Petition, Assembly, and Association),52. Kenji Yoshino and Michael Kavey: Immodest Claims and Modest Contributions: Sexual Orientation in Comparative Constitutional Law53. Sujit Choudhry: Group Rights in Comparative Constitutional Law: Culture, Economics, or Political Power?54. Daniel Sabbagh: Affirmative Action55. Judit Sandor: Bioethics and Basic Rights: Persons, Humans and Boundaries of LifePart IX: Trends56. Wen-Chen Chang and Jiunn-Rong Yeh: Internationalization of Constitutional Law57. Neil Walker: The EU's Unresolved Constitution58. Erika de Wet: The Constitutionalization of Public International Law59. Dean Spielmann: ECtHR Jurisprudence and the Constitutional Systems of Europe60. Jan-Werner Muller: Militant Democracy61. Juan Mendez: Constitutionalism and Transitional Justice62. Chibli Mallat: Islam and the Constitutional Order63. Vlad Perju: Constitutional Transplants, Borrowing, and Migrations64. Gabor Halmai: The Use of Foreign Law in Constitutional Interpretation