By Sujit Choudhry
ISBN-10: 0521864828
ISBN-13: 9780521864824
The migration of constitutional principles throughout jurisdictions is rapidlyemerging as one of many important gains of up to date constitutionalpractice. The expanding use of comparative jurisprudence in interpretingconstitutions is one instance of this. during this booklet, best figures in thestudy of comparative constitutionalism and comparative constitutionalpolitics from North the USA, Europe, and Australia speak about the dynamicprocesses wherein constitutional structures effect one another. Theyexplore easy methodological questions that have up to now acquired littleattention, and look at the advanced dating among nationwide andsupranational constitutionalism – a topic of substantial contemporaryinterest in Europe. The migration of constitutional principles is mentioned from avariety of methodological views – comparative legislations, comparativepolitics, and cultural reports of legislation – and individuals draw on case studiesfrom a large choice of jurisdictions: Australia, Hungary, India, SouthAfrica, the uk, the us, and Canada.
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Example text
On the blurred methodological matrix 43 While increasingly fashionable and certainly more ‘comparative’ than free-standing, single-country studies, the comparative reference approach is still lacking in methodological coherence. All too often, it is pursued (primarily by judges, I should note) through an eclectic, at times even scant and superficial, reference to foreign constitutional jurisprudence – typically rights jurisprudence. Case selection is seldom systematic, and it rarely pays due attention to the context and nuances that have given rise to similar or alternative interpretation or practice of constitutional norms.
By contrast, we begin from the bottom up. The task of the constitutional theorist is to identify the reasons offered by courts and other legal actors for the recourse to comparative materials, and to weave those justifications into coherent accounts. Constitutional theories emerge from and seek to justify our interpretive practice. By working from the ground up through case studies drawn from a broad variety of jurisdictions, this volume is a preliminary step in recasting the conceptual apparatus of comparative constitutional law.
Slaughter, A Typology of Transjudicial Communication (1994) 29 University of Richmond Law Review 99; A. -M. Slaughter, A New World Order (Princeton University Press, Princeton, NJ, 2004). S. Choudhry, Globalization in Search of Justification: Toward a Theory of Comparative Constitutional Interpretation (1999) 74 Indiana Law Review 819 at 820. on the blurred methodological matrix 43 While increasingly fashionable and certainly more ‘comparative’ than free-standing, single-country studies, the comparative reference approach is still lacking in methodological coherence.