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An Inquiry into the Existence of Global Values: Through the Lens of Comparative Constitutional Law

An Inquiry into the Existence of Global Values: Through the Lens of Comparative Constitutional Law

Author: Dennis Davis; Alan Richter; Cheryl Saunders
Publisher: Hart Publishing
ISBN: 9781841138558

Published In: July 2015
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509917709

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The world appears to be globalising economically, technologically and even, to a halting extent, politically. This process of globalisation raises the possibility of an international legal framework, a possibility which has gained pressing relevance in the wake of the recent global economic crisis. But for any international legal framework to exist, normative agreement between countries, with very differing political, economic, cultural and legal traditions, becomes necessary.

This work explores the possibility of such a normative agreement through the prism of national constitutional norms. Since 1945, more than a hundred countries have adopted constitutional texts which incorporate, at least in part, a Bill of Rights. These texts reveal significant similarities; the Canadian Charter of Rights and Freedoms, for instance, had a marked influence on the drafting of the Bill of Rights for South Africa, New Zealand and Hong Kong as well as the Basic Law of Israel. Similarly, the drafts of Eastern European constitutions reflect significant borrowing from older texts.

The essays in this book examine the depth of these similarities, in particular the extent to which textual borrowings are extended to the development of foundational values in these different national legal systems and the extent of the similarities or differences between these values and the priorities accorded to them. From these national studies the work analyses the rise of constitutionalism since WWII, and charts the possibility of a consensus of values which might plausibly underpin an effective and legitimate international legal order.

1. Introduction Dennis Davis, Alan Richter and Cheryl Saunders

2. Values in Australian Constitutionalism Cheryl Saunders and Megan Donaldson

3. Global Values and Local Realities: Brazilian Constitutional Law Fabio Carvalho Leite and Florian F Hoffmann

4. Canada Lorraine E Weinrib

5. Constitutions and Values in Three Chinese Societies Albert HY Chen

6. Human Dignity, Individual Rights and Equality: The Core Values of the Finnish Constitutional Act Martta October and Riikka Salonen

7. Constitutional and Legal Framework for Rights Protection in France Michel Troper

8. Values in German Constitutional Law Dieter Grimm

9. Crafting Constitutional Values: An Examination of the Supreme Court of India Menaka Guruswamy

10. Values in Iranian Constitutional Law Nazila Ghanea

11. Global Values and Local Realities: The Case of Israeli Constitutional Law Aeyal M Gross

12. Japan Yasuo Hasebe