The oxford handbook of comparative constitutional law. Jackson debate over the appropriate role of foreign and international law in adjudication of public law claims is not unique to the united states. The possibilities of comparative constitutional law. Jackson and mark tushnet abbreviations xxiii part i. Constitutional engagement in a transnational era paperback. Comparative constitutional law 1079 yoshino and michael kavey 53. Comparative constitutional federalism and transnational judicial. The importance of comparative constitutional law cannot be overstated, given the constant and inevitable migration of constitutional ideas across jurisdictions and their influence on domestic constitutional law.
Methods vary in what they aim to do and in who is engaged in comparisons, particularly if the comparative enterprise is defined broadly to include doctrine produced by courts, features of government, and the processes of constitution making and adoption. Jackson introduction my talk today, methodological challenges in. Oxford handbook of comparative constitutional law oxford. Some of the opposition in the united states is driven by resistance to the supreme. Jackson, thurgood marshall professor of constitutional law, writes and teaches about u. My talk today, methodological challenges in comparative. From catalonia to kurdistan, crimea to california, and scotland to st. Comparative constituional law indian law institute. Kitts, secession has become a hotly debated political issue. Cambridge core constitutional and administrative law proportionality edited by vicki c. Jackson skip to main content accessibility help we use cookies to distinguish you from other users and to provide you with a better experience on our websites. From comparative constitutional law to comparative. Download readonly pdf 1 credit download editable word doc2 credits. Maryam khan comparative constitutional law law 230 1.
With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decisionmaking, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy. Comparative constitutional federalism and transnational judicial discourse, international journal of constitutional law, volume 2, issue 1, 1. Donald kommers, the value of comparative constitutional law, 9 j. South african cases and materials in a global context mark s. Vicki jackson, methodological challenges in comparative constitutional law, 28 penn state intl l. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre.
She is the author of constitutional engagement in a transnational era 2010, and coauthor, with mark tushnet, of comparative constitutional law 3d ed. Concentrating on constitutional structure and law in the united. Comparative constitutional federalism and transnational. Additional reading materials will be posted or distributed, others sent through twen. The division of the program in two parts reflects these two fundamental concerns. Jackson is the thurgood marshall professor of constitutional law at harvard law school, whom the new york times has described as an authority on statefederal questions. Comparative constitutional law and interpretive metaphors 2006. Comparative constitutional law course overview pdf book. Makwanyane, constitutional court south africa, case no. Explores the role of constitutions and constitutional law in this changing legal environment, analyzing complex currents of convergence, resistance and engagement with the transnational in the united states, australia, canada, colombia, france, germany, india, south africa and elsewhere. A few initial attempts to deal with these questions are.
Value of a comparative perspective in constitutional adjudication, speech before the. Tushnet, comparative constitutional law, foundation press, pp 144152. Methodological issues in comparative constitutional law morton j. But see ran hirschl, the question of case selection in comparative constitutional law, 53 am. Ran hirschl, the question of case selection in comparative constitutional law, 53 am. Donald kommers and comparative constitutional law volume 20 issue 4 vicki c. Comparative constitutional law and interpretive metaphors vicki c. Jackson and jamal greene, and kim rubenstein and niamh lenagh maguire. This article is the outgrowth of work done in conjunction with the development of vicki c. Jacksons book on constitutional engagement and comparative constitutional law. Methodological challenges in comparative constitutional law by.
I raise this question because i am not convinced that comparative constitutional law is so clearly behind in the field of law more generallywhich across many areas could benefit from more of. Comparative constitutional law by the distinguished scholars vicki c. Comparative constitutional law, 3d edition 3 available in hardcover. Stanford university press, 2007 comparative constitutional law, vicki c. Constitutional engagement in a transnational era vicki jackson. Comparative constitutional federalism and transnational judicial discourse, international journal of constitutional law, volume 2, issue 1, 1 we use cookies to enhance your experience on our website. By continuing to use our website, you are agreeing to our use of cookies. Methodologies of constitutional comparison vary at least as much as, if not more than, methodologies more generally in comparative law. Jackson, constitutional law and transnational comparisons.
Jan 15, 2011 the first part focuses on the relationship between the purposes of comparison and the methodological challenges of comparison. Comparative constitutional law is a newly energized field in the early 21st century. The second edition of comparative constitutional law updates the first edition by including material on important recent developments. She is especially interested in students who have already taken comparative constitutional law or u. Donald kommers and comparative constitutional law german. Read online comparative constitutional law course overview book pdf free download link book now. Comparative constitutional law, 3d edition 3 by vicki. Jackson and jamal greene 1 introduction writing on comparative interpretive theory would seem to invite an association of particular interpretive approaches with the courts of particular countries.
Georgetown law faculty publications and other works. Jackson and jamal greene, and kim rubenstein and niamh lenaghmaguire. Comparative constitutional law, 3d university casebook series 9781599415949. A second approach focuses on the idea of entrenchment. Ran hirschl, the question of case selection in comparative constitutional law, american journal of comparative law, vol. Carmack waterhouse professor of constitutional law, georgetown university. Legal scholarship in this area has, over the years, emerged from its narrow preoccupation with jurisdictions like the united states and. Concentrating on constitutional structure and law in the united states and in such other countries as australia, canada, colombia, france, germany, great britain, india, israel, japan, and south africa, it will examine selected problems of both constitutional design and constitutional adjudication. Download comparative constitutional law course overview book pdf free download link or read online here in pdf. The introduction to that book sets out a synoptic vision of the interaction between constitutionalism and 4 see, e. Jackson is the thurgood marshall professor of constitutional law at harvard law school and previously taught at the georgetown university law center as carmack waterhouse professor of constitutional law. Pdf donald kommers and comparative constitutional law volume 20 issue 4 vicki c. All books are in clear copy here, and all files are secure so dont worry about it.
Methods vary in what they aim to do and in who is engaged in comparisons, particularly if the comparative enterprise is defined broadly to include doctrine produced by courts, features of government, and the processes of constitutionmaking and adoption. While secessionist disputes appear to hinge on high power politics, they also have an important constitutional dimension. The second part asks whether there are particular methodological challenges in comparative constitutional law as. Comparative law, constitutional law, lawmethodology. Jackson find, read and cite all the research you need on. Comparative constitutional law and policy series page. Research handbooks in comparative law series edited by tom ginsburg and rosalind dixon this landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Mark tushnet, the possibilities of comparative constitutional law 1999 108 yale. New frontiers, new challengescambridge university press 2017. Professor vicki jackson seeks upper class students to serve as teaching assistants in her 1l spring course, comparative constitutional law.
Constitutional interpretation in comparative perspective. Introduction and objectives law nujs kolkata wb national. Methodological challenges in comparative constitutional law. Never before has the field had such a broad range of interdisciplinary interest, with lawyers, politi.
Horwitz, constitutional transplants, 10 theoretical inq. Jackson and mark tushnet, comparative constitutional law foundation press, 1999. Comparative constitutional law, 3d university casebook. Jackson introduction my talk today, methodological challenges in comparative constitutional law, has two parts. Proportionality, accepted as a general principle of constitutional law by. Comparative constitutional law joyce lee malcolm spring 2016.
The second part asks whether there are particular methodological challenges in comparative constitutional law as compared with other comparative legal studies. Professor jackson is coauthor with professor mark tushnet of comparative constitutional law 2d ed. The field of comparative constitutional law has grown immensely over the past couple of decades. Defining the field of comparative constitutional law edited.
The second part asks whether there are particular methodological challenges in. Pdf donald kommers and comparative constitutional law. Weinrib 2 why do we study constitutional laws of foreign countries, and how. The course will cover a series of topics arising in the comparative study of constitutional systems. O constitutional law and millennium development goals globalization and constitutional law o amending powers limits suggested readings books 1. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among. Persons, humans, and boundaries of life 1142 part ix trends 56. The first part focuses on the relationship between the purposes of comparison and the methodological challenges of comparison.