The Oxford Handbook of Comparative Constitutional Law 1st Edition by Michel Rosenfeld, Andras Sajo 0199578613 9780199578610

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Product details:

ISBN 10: 0199578613 

ISBN 13: 9780199578610

Author: Michel Rosenfeld, Andras Sajo

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.

Table of contents:

Part I History, Methodology, and Typology

1.Comparative Constitutional Law: A Contested Domain:
 A. Comparative Constitutional Law: A Continental Perspective
 B. Comparative Constitutional Analysis in United States Adjudication and Scholarship

2. Comparative Constitutional Law: Methodologies

3. Carving Out Typologies and Accounting for Differences Across Systems: Towards a Methodology of Transnational Constitutionalism

4. Types of Constitutions

5. Constitutionalism in Illiberal Polities

6. Constitutionalism and Impoverishment: A Complex Dynamic

7. The Place of Constitutional Law in the Legal System

Part II Ideas
8. Constitutions and Constitutionalism
9. Constitution
10. Rule of Law
11. Democracy
12. Conceptions of the State
13. Rights and Liberties as Concepts
14. Constitutions and the Public/Private Divide
15. State Neutrality
16. The Constitution and Justice
17. Sovereignty
18. Human Dignity and Autonomy in Modern Constitutional Orders
19. Gender in Constitutions

Part III Process
20. Constitution-Making: Process and Substance
21. States of Emergency
22. War Powers
23. Secession and Self-Determination
24. Referendum
25. Elections

Part IV Architecture
26. Horizontal Structuring
27. Federalism: Theory, Policy, Law
28. Internal Ordering in the Unitary State
29. Presidentialism
30. Parliamentarism
31. The Regulatory State

Part V Meanings/Textures
32. Constitutional Interpretation
33. Proportionality (1)
34. Proportionality (2)
35. Constitutional Identity
36. Constitutional Values and Principles

Part VI Institutions
37. Ensuring Constitutional Efficacy
38. Constitutional Courts
39. Judicial Independence as a Constitutional Virtue
40. The Judiciary: The Least Dangerous Branch?
41. Political Parties and the Constitution

Part VII Rights
42. Freedom of Expression
43. Freedom of Religion
44. Due Process
45. Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association)
46. Privacy
47. Equality
48. Citizenship
49. Socio-Economic Rights
50. Economic Rights

Part VIII Overlapping Rights
51. The Constitutionalization of Abortion
52. Immodest Claims and Modest Contributions: Sexual Orientation in Comparative Constitutional Law
53. Group Rights in Comparative Constitutional Law: Culture, Economics, or Political Power?
54. Affirmative Action
55. Bioethics and Basic Rights: Persons, Humans, and Boundaries of Life

Part IX Trends
56. Internationalization of Constitutional Law
57. The European Union’s Unresolved Constitution
58. The Constitutionalization of Public International Law
59. Jurisprudence of the European Court of Human Rights and the Constitutional Systems of Europe
60. Militant Democracy
61. Constitutionalism and Transitional Justice
62. Islam and the Constitutional Order
63. Constitutional Transplants, Borrowing, and Migrations
64. The Use of Foreign Law in Constitutional Interpretation

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Tags: Michel Rosenfeld, Andras Sajo, Oxford, Comparative