Interpreting Constitutions A Comparative Study

Author: Jeffrey Goldsworthy; Jeffrey Goldsworthy
Publisher: Oxford University Press
ISBN: 9780199274130
Published In: February 2006
Format: Hardback , 384 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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International comparative approach to federal constitutional jurisprudence, looking at 6 major jurisdictions: Australia, Canada, Germany, India, South Africa, United States
Contributions from leading authorities from each jurisdction, covering different interpretative approaches, including textualism, purposivism, structuralism and originalism
Comparative reference to different social, historical, institutional and political circumstances sets analysis in context

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 and principles.

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 which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.

Readership: Constitutional lawyers, comparative lawyers, political theorists and historians.

1: Introduction
2: Mark Tushnet: United States: Eclecticism In the Service of Pragmatism
3: Peter Hogg: Canada: From Privy Council to Supreme Court
4: Jeffrey Goldsworthy: Australia: Devotion to Legalism
5: Donald Kommers: Germany: Balancing Rights and Duties
6: S.P. Sathe: India: From Positivism to Structuralism
7: Heinz Klug: South Africa: From Constitutional Promise to Social Transformation
8: Conclusions
Index

Jeffrey Goldsworthy, Professor of Law, Monash University

Contributors:

Jeffrey Goldsworthy (Australia)

Peter Hogg (Canada)

Donald Kommers (Germany)

S.P. Sathe (India)

Heinz Klug (South Africa)

Mark Tushnet (United States).