Comparative Constitutional Theory

Name: Comparative Constitutional Theory
Brand: Edward Elgar Publishing
SKU: 9781784719142
Availability: InStock
Author: Gary Jacobsohn; Miguel Schor
ISBN: 9781784719142

Edited by Gary Jacobsohn · Miguel Schor

Edward Elgar Publishing August 2019

Specifications

ISBN-13: 9781784719142
Publisher: Edward Elgar Publishing
Publication: August 2019
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

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The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays.

The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.

Scholars around the globe will be interested in this book's unique discussion of comparative constitutional theory, and students and college professors will appreciate the accessibility of the chapters and the placement of the United States in comparative focus.

1. Introduction: The Comparative Turn in Constitutional Theory - Gary Jacobsohn and Miguel Schor

PART I: CONSTITUTIONAL STRUCTURES AND RIGHTS

2. What is Judicial Supremacy? - Stephen Gardbaum 3. Federalism and Constitutional Theory - Stephen Tierney 4. Theoretical Underpinnings of Separation of Powers - Cheryl Saunders 5. Constitutional Dialogue and Judicial Supremacy - Miguel Schor 6. Judicial Dialogue and Fundamental Rights in the European Union: A Quest for Legitimacy - Aida Torres Perez 7. Parliamentary Bills of Rights: Have They Altered the Norms for Legislative Decision-Making? - Janet L. Hiebert 8. Social Rights in Comparative Constitutional Theory - Jeff King 9. Human Dignity and its Critics - Jacob Weinrib

PART II: CONSTITUTIONAL INTERPRETATION

10. The Counter-Majoritarian Thesis - David Robertson 11. Legal Pragmatism and Comparative Constitutional Law - David Landau 12. Beyond the Principle of Proportionality - Victor Ferreres Comella 13. Text and Textualism: Religious Establishment in the United States Supreme Court and the European Court of Human Rights - Howard Schweber 14. Reception, Context, and Identity: A Theory of Cross-National Jurisprudence - Heinz Klug

PART III: CONSTITUTIONAL CHANGE

15. "We the People", "Oui, the People", and the Collective Body: Perceptions of Constituent Power - Yaniv Roznai 16. Amendment Theory and Constituent Power - Mark Tushnet 17. Anchoring and Sailing: Contrasting Imperatives of Constitutional Revolution - Gary Jacobsohn 18. Theorising About Formal Constitutional Change: The Case of Latin America - Joel I. Colon-Rios 19. Transitional Justice, Transitional Constitutionalism, and Constitutional Culture - Gabor Halmai

PART IV: ISSUES IN CONSTITUTIONALISM

20. The Unwritten Constitution - Janet McLean 21. Militant Democracy and Constitutional Identity - Jan-Werner Mueller 22. Some Notes on Inclusive Constitution-Making, Citizenship, and Civic Constitutionalism - John E. Finn 23. Race and American Constitutional Exceptionalism - Mark A. Graber 24. Constitutional Dissonance in China - Wen-Chen Chang and David S. Law

Index

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