y
- XIX-1396 p.
Cote : OGDC 53
The first comprehensive reference in the field of comparative constitutional law, providing a road map to the current state of research for all those working in the discipline
Presents a global, comparative perspective on the central concepts, institutions, and processes of constitutional law, invaluable for students and academics of constitutional law in any country
Analyses the comparative jurisprudence on constitutional rights, offering a valuable inroad into understanding comparative human rights law
Features contributions from leading political scientists, legal scholars, and judges to present a rounded perspective on the discipline and emerging trends
The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court.
The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory.
Providing the first single-volume, comprehensive reference resource, the Oxford Handbook of Comparative Constitutional Law will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.
(Présentation de l'éditeur)
Sommaire :
Part I: History, Methodology, and Typology
1: Comparative Constitutional Law: A Contested Domain
a: Armin von Bogdandy: Comparative Constitutional Law: A Continental Perspective
b: Michel Rosenfeld: Comparative Constitutional Analysis in United States Adjudication and Scholarship
2: Vicki Jackson: Comparative Constitutional Law: Methodologies
3: Peer Zumbansen: Carving out Typologies and Accounting for Differences Across Systems: Towards a Methodology of Transnational Constitutionalism
4: Dieter Grimm: Types of Constitutions
5: Li-ann Thio: Constitutionalism in Illiberal Polities
6: Arun Thiruvengadam and Gedion Hessebon: Constitutionalism and Impoverishment: A Complex Dynamic
7: Stephen Gardbaum: The Place of Constitutional Law in the Legal System
Part II: Ideas
8: Stephen Holmes: Constitutions and Constitutionalism
9: Mark Tushnet: Constitution
10: Martin Krygier: Rule of Law
11: Günter Frankenberg: Democracy
12: Olivier Beaud: Conceptions of the State
13: Robert Alexy: Rights and Liberties as Concepts
14: Frank Michelman: Constitutions and the Public Private Divide
15: Janos Kis: State Neutrality
16: Roberto Gargarella: The Constitution and Justice
17: Michel Troper: Sovereignty
18: Matthias Mahlmann: Carving out the Essence of Humanity: Human Dignity and Autonomy in Modern Constitutional Orders
19: Catharine Mackinnon: Gender and the Constitution
Part III: Process
20: Claude Klein and András Sajó: Constitution-Making as a Process
21: David Dyzenhaus: States of Emergency
22: Yasuo Hasebe: War Powers
23: Susanna Mancini: Secession and Self-Determination
24: Laurence Morel: Referendum
25: Richard Pildes: Elections
Part IV: Architecture
26: Jenny Martinez: Horizontal Structuring
27: Daniel Halberstam: Federalism: Theory, Policy, Law
28: Sergio Bartole: Internal Ordering in the Unitary State
29: Héctor Fix-Fierro and Pedro Salazar-Ugarte: Presidentialism
30: Anthony W. Bradley and Cesare Pinelli: Parliamentarism
31: Susan Rose-Ackerman: The Regulatory State
Part V: Meanings/Textures
32: Jeffrey Goldsworthy: Constitutional Interpretation
33: Bernhard Schlink: Proportionality (1)
34: Aharon Barak: Proportionality (2)
35: Michel Rosenfeld: Constitutional Identity
36: Gary Jeffrey Jacobsohn: Constitutional Values and Principles
Part VI: Institutions
37: Juliane Kokott and Martin Kaspar: Ensuring Constitutional Efficacy
38: Alec Stone Sweet: Constitutional Courts
39: Roderick A MacDonald and Hoi Kong: Judicial Independence as a Constitutional Virtue
40: Daniel Smilov: The Judiciary: The Least Dangerous Branch?
41: Cindy Skach: Political Parties and the Constitution
Part VII: Rights
42: Eric Barendt: Freedom of Expression
43: András Sajó and Renáta Uitz: Freedom of Religion
44: Richard Vogler: Due Process
45: Ulrich Preuss: Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association),
46: Manuel Jose Cepeda Espinosa: Privacy
47: Susanne Baer: Equality
48: Ayelet Shachar: Citizenship
49: Dennis Davis: Socio-Economic Rights
50: K D Ewing: Economic Rights
Part VIII: Overlapping Rights
51: Reva Siegel: (The Rights to the Freedoms of Petition, Assembly, and Association),
52: Kenji Yoshino and Michael Kavey: Immodest Claims and Modest Contributions: Sexual Orientation in Comparative Constitutional Law
53: Sujit Choudhry: Group Rights in Comparative Constitutional Law: Culture, Economics, or Political Power?
54: Daniel Sabbagh: Affirmative Action
55: Judit Sándor: Bioethics and Basic Rights: Persons, Humans and Boundaries of Life
Part IX: Trends
56: Wen-Chen Chang and Jiunn-Rong Yeh: Internationalization of Constitutional Law
57: Neil Walker: The EU's Unresolved Constitution
58: Erika de Wet: The Constitutionalization of Public International Law
59: Dean Spielmann: Jurisprudence and the Constitutional Systems of Europe
60: Jan-Werner Müller: Militant Democracy
61: Juan Mendez: Constitutionalism and Transitional Justice
62: Chibli Mallat: Islam and the Constitutional Order
63: Vlad Perju: Constitutional Transplants, Borrowing, and Migrations
64: Gabor Halmai: The Use of Foreign Law in Constitutional Interpretation
The first comprehensive reference in the field of comparative constitutional law, providing a road map to the current state of research for all those working in the discipline
Presents a global, comparative perspective on the central concepts, institutions, and processes of constitutional law, invaluable for students and academics of constitutional law in any country
Analyses the comparative jurisprudence on constitutional rights, ...
droit constitutionnel comparé ; droit comparé
... Lire [+]
