Comparative Constitutional Law (Research Handbooks in by Tom Ginsburg, Rosalind Dixon PDF

By Tom Ginsburg, Rosalind Dixon

ISBN-10: 0857931210

ISBN-13: 9780857931214

ISBN-10: 1848445393

ISBN-13: 9781848445390

This landmark quantity of especially commissioned, unique contributions via most sensible foreign students organizes the problems and controversies of the wealthy and quickly maturing box of comparative constitutional law.Divided into sections on constitutional layout and remodel, id, constitution, person rights and nation tasks, courts and constitutional interpretation, this finished quantity covers over a hundred nations in addition to quite a number ways to the limits of constitutional legislations. whereas a few chapters reference the textual content of felony tools expressly classified constitutional, others concentrate on the belief of entrenchment or take a extra sensible method. hard the present limitations of the sphere, the members supply assorted views - cultural, old and institutional - in addition to feedback for destiny examine. a special and enlightening quantity, Comparative Constitutional legislation is a necessary source for college kids and students of the subject.Contributors comprise: Z. Al-Ali, T. Allen, N. Bamforth, J. Blount, P. Carozza, C. Charters, J. Cheibub, S. Choudhry, V. Comella, D. Davis, R. Dixon, D. Fontana, N. Friedman, S. Gardbaum, T. Ginsburg. J. Greene, O. Gross, J. Hiebert, R. Hirschl, N. Hume, H. Irving, V. Jackson, G. Jacobsohn, D. Kommers, R. Krotoszynski, N. Lenagh-Maquire, F. Limongi, F. Michelman, ok. O Regan, R. Pildes, ok. Roach, okay. Rubenstein, C. Saunders, D. Scheiderman, A. Stone, R. Teitel, M. Tushnet

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But without more, they do not – at least not directly – assist with trans- or extra-national normative choices, nor do they guide the constitution maker. Introducing their collection, Baines and Rubio-Marin seek thus to draw the matrix of comparative jurisprudence into a feminist constitutional ‘agenda’. This, they write, should address ‘(i) constitutional agency, (ii) constitutional rights, (iii) constitutionally structured diversity, (iv) constitutional equality, with special attention to (v) reproductive rights and sexual autonomy, (vi) women’s rights within the family, and (vii) women’s socioeconomic development and democratic rights’ (Baines and Rubio-Marin 2004: 4).

A better hortatory alternative might thus be ‘recalibrated symmetry’; such as found in the South African Constitution which flips the usual gender alternatives, to give us ‘she or he’; and ‘woman or man’, with the latter expressly attached to positions of authority traditionally dominated by men (Murray 2001). But, as with Sullivan’s focus on equality rights, Case’s is also limited to the internal details of constitutional provisions – in her case, equality language – and fails also to consider constitutional architecture or structures.

For the second approach – the accumulation of information and perspectives, both normative and jurisdictional – the edited works of Dobrowolsky and Hart (2003), Baines and RubioMarin (2004), and Williams (2009) have been noted. Such works are invaluable in providing 32 Comparative constitutional law comparative perspectives and examples, as well as encouragement, warnings, and transnational ‘conversations’. But without more, they do not – at least not directly – assist with trans- or extra-national normative choices, nor do they guide the constitution maker.

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Comparative Constitutional Law (Research Handbooks in Comparative Law) by Tom Ginsburg, Rosalind Dixon

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