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Constitutional Engagement in a Transnational Era

Constitutional Engagement in a Transnational Era

Author: Vicki Jackson
Publisher: Oxford University Press USA
ISBN: 9780195333442
Published In: November 2009
Format: Hardback , 536 pages
Jurisdiction: U.S. ? Disclaimer:
Countri(es) stated herein are used as reference only

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An authoritative study of comparative constitutional law by one of the most important scholars of domestic and comparative constitutional law.
Defines how international comparative experiences are relevant to constitutional analysis and discusses in detail the multiple possible connections between international law and constitutional law.
Provides a comparative overview of constitutional law in Australia, Canada, France, Germany, India, Israel, South Africa, the United Kingdom, and the United States.

Constitutional law in the United States and around the world now operates within an increasingly transnational legal environment of international treaties, customary international law, multilateral and bilateral agreements, a supranational infrastructure of trade law and human rights law, and increased comparative judicial awareness, 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 thus changed - there are more bodies generating law, there are more international agreements, there are more multi-national interactions and transactions that bring into view various legal orders. How, if at all, do these multiple transnational phenomena (including national law that has influence beyond its borders, as well as an expanded array of international law) affect our understanding of the role of constitutions and of courts in deciding constitutional cases? Constitutional Engagement in a Transnational Era explores the role of constitutions and constitutional law, focusing primarily on the United States, Australia, Canada, France, Germany, India, Israel, South Africa and the United Kingdom, within and in relationship to this increasingly transnational legal environment.

Readership: Law students, scholars, and practitioners interested in the Comparative analysis of constitutional law on a global scale

Introductory Chapter
Part I: Resistance, Convergence, Engagement
Chapter 1: Resistance and Differentiation
Chapter 2: Convergence and Harmonization
Chapter 3: Engagement
Part II: Why the U.S. Should Engage
Chapter 4 Introduction to Part II
Chapter 5: The U.S. and Older Constitutional Orders
Chapter 6: Federalism as a Factor
Chapter 7: Engagement and individual rights
Chapter 8: Constitutions as Mediating Institutions

Vicki C. Jackson, Carmack Waterhouse Professor of Constitutional Law at the Georgetown University Law Center

Vicki C. Jackson is the Carmack Waterhouse Professor of Constitutional Law at the Georgetown University Law Center, where she teaches courses in constitutional law, comparative constitutional law, federal courts, the Supreme Court, and on gender-related subjects. She previously served as a Deputy Assistant Attorney General in the Office of Legal Counsel in the U.S. Department of Justice (2000-01); as a member of the D.C. Bar Board of Governors (1999-2002); as a co-chair of the Special Committee on Gender of the D.C. Circuit Task Force on Gender, Race and Ethnic Bias r s92-95), and a member of the D.C. Circuit Advisory Committee on Procedures (1992-98).

Professor Jackson is a co-author with Professor Mark Tushnet of a Comparative Constitutional Law course book, and currently serves as an Articles Editor for I.Con, the International Journal of Constitutional Law. Her articles on federalism, sovereign immunity and the 11th Amendment, and gender equality have appeared in the Harvard Law Review, Yale Law Journal, Georgetown Law Review, and other scholarly journals. Her research interests include comparative constitutional law, comparative federalism, and freedom of expression.