Download The Migration of Constitutional Ideas by Sujit Choudhry PDF

By Sujit Choudhry

ISBN-10: 0521864828

ISBN-13: 9780521864824

The migration of constitutional principles throughout jurisdictions is among the vital good points of latest constitutional perform. The expanding use of comparative jurisprudence in studying constitutions is one instance of this. during this 2007 publication, prime figures within the learn of comparative constitutionalism and comparative constitutional politics from North the United States, Europe and Australia talk about the dynamic methods wherein constitutional platforms effect one another. They discover simple methodological questions that have so far acquired little cognizance, and consider the advanced courting among nationwide and supranational constitutionalism - a topic of substantial modern curiosity in Europe. The migration of constitutional rules is mentioned from various methodological views - comparative legislations, comparative politics, and cultural stories of legislations - and individuals draw on case-studies from a wide selection of jurisdictions: Australia, Hungary, India, South Africa, the uk, the USA, and Canada.

Show description

Read Online or Download The Migration of Constitutional Ideas PDF

Best legal theory & systems books

Gender, Sexuality and Violence in Organizations: The Unspoken Forces of Organization Violations

This publication brings jointly the topics of gender, sexuality, violence and firms. The authors synthesize the literature and learn which has been performed in those fields and supply a coherent framework for knowing the inter-relationship among those options. the significance of violence and abuse, and especially men's violence to girls, young ones and different males has been good verified, specifically via feminist and a few pro-feminist learn.

The Measure of Injury: Race, Gender, and Tort Law

Tort legislation is the physique of legislations governing negligence, intentional misconduct, and different wrongful acts for which civil activities will be introduced. the normal knowledge is that the foundations, innovations, and buildings of tort legislation are impartial and impartial, freed from issues of gender and race. within the degree of damage, Martha Chamallas and Jennifer Wriggins end up that tort legislation is whatever yet gender and race impartial.

Hobbes and the Law

Hobbes's political inspiration provokes a perennial fascination. It has develop into really trendy in recent times, with the surge of scholarly curiosity evidenced by way of a couple of monographs in political thought and philosophy. whilst, there was a flip in criminal scholarship in the direction of political thought in a manner that engages recognisably Hobbesian issues, for instance the connection among defense and liberty.

Extra info for The Migration of Constitutional Ideas

Example text

M. Tushnet, The Possibilities of Comparative Constitutional Law (1999) 108 Yale Law Journal 1225. The literature here is too vast to cite. A representative work of this genre is A. ), The Architecture of Democracy: Constitutional Design, Conflict Management, and Democracy (Oxford University Press, Oxford, 2002). See A. -M. 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).

To our present-day self-definition and national identity’. , US] heritage of freedom’. This volume: exploring the migration of constitutional ideas The dialogical approach to the use of comparative materials is but one way of understanding the migration of constitutional ideas. The chapters in this volume tackle this phenomenon from a diverse range of methodological perspectives. Moreover, they draw on a rich range of constitutional practice. Together, the chapters fill a major gap in the critical literature.

33 of the Constitution Act 1982. Globalization in Search of Justification: Toward a Theory of Comparative Constitutional Interpretation (1999) 74 Indiana Law Journal 819 at 835; The Lochner Era and Comparative Constitutionalism (2004) 2 International Journal of Constitutional Law 1 at 52. My dialogical model of comparative constitutional interpretation is similar to Vicki Jackson’s ‘Engagement Model’. See V. Jackson, Constitutional Comparisons: Convergence, Resistance, Engagement (2005) 119 Harvard Law Review 109.

Download PDF sample

Rated 4.81 of 5 – based on 36 votes