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Comparative Constitutional Law.

By: Contributor(s): Material type: TextSeries: Research Handbooks in Comparative Law SeriesPublication details: Cheltenham : Edward Elgar Pub., 2011.Description: x; (680 pages). 25 cmISBN:
  • 9780857931214
  • 0857931210
  • 9781848445390
  • 1848445393
Subject(s): Genre/Form: Additional physical formats: Print version:: Comparative Constitutional Law.DDC classification:
  • 342
LOC classification:
  • K3169  .G56
Online resources:
Contents:
Cover; Copyright; Contents; Contributors; Acknowledgements; 1. Introduction; Part I Constitutional Design and Redesign; 2. Drafting, design and gender; 3. Participation in constitutional design; 4. Transitional justice and the transformation of constitutionalism; 5. Constitutional drafting and external influence; 6. Constitutional amendment rules: a comparative perspective; 7. Constitutional endurance; Part II Constitutional Identity; 8. The formation of constitutional identities; 9. Citizenship and the boundaries of the constitution.
10. Comparative constitutional law and Indigenous peoples: Canada, New Zealand and the USA11. A new global constitutional order?; Part III Constitutional Structure; 12. Legislative-executive relations; 13. The separation of legislative and executive powers; 14. Political parties and constitutionalism; 15. The rise of specialized constitutional courts; 16. The interplay of constitutional and ordinary jurisdiction; 17. Constitutional experimentation: rethinking how a bill of rights functions; 18. The rise of weak-form judicial review; 19. Constitutions and emergency regimes.
20. Federalism, devolution and secession: from classical to post-conflict federalismPart IV Individual Rights and State Duties; 21. The structure and scope of constitutional rights; 22. The comparative constitutional law of freedom of expression; 23. Comparative constitutional law and religion; 24. Autonomy, dignity and abortion; 25. Human dignity in constitutional adjudication; 26. Equality; 27. The right to property; 28. Socio-economic rights: has the promise of eradicating the divide between first and second generation rights been fulfilled?
29. Comparative constitutional law and the challenges of terrorism law30. Legal protection of same-sex partnerships and comparative constitutional law; Part V Courts and Constitutional Interpretation; 31. Judicial engagement with comparative law; 32. Constitutional interpretation in comparative perspective: comparing judges or courts?; 33. Docket control and the success of constitutional courts; Index.
Summary: 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. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others.
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Books African Court on Human and Peoples' Rights Library K3139 .G56 (Browse shelf(Opens below)) Available 10223959

Includes bibliographical references and index.

Cover; Copyright; Contents; Contributors; Acknowledgements; 1. Introduction; Part I Constitutional Design and Redesign; 2. Drafting, design and gender; 3. Participation in constitutional design; 4. Transitional justice and the transformation of constitutionalism; 5. Constitutional drafting and external influence; 6. Constitutional amendment rules: a comparative perspective; 7. Constitutional endurance; Part II Constitutional Identity; 8. The formation of constitutional identities; 9. Citizenship and the boundaries of the constitution.

10. Comparative constitutional law and Indigenous peoples: Canada, New Zealand and the USA11. A new global constitutional order?; Part III Constitutional Structure; 12. Legislative-executive relations; 13. The separation of legislative and executive powers; 14. Political parties and constitutionalism; 15. The rise of specialized constitutional courts; 16. The interplay of constitutional and ordinary jurisdiction; 17. Constitutional experimentation: rethinking how a bill of rights functions; 18. The rise of weak-form judicial review; 19. Constitutions and emergency regimes.

20. Federalism, devolution and secession: from classical to post-conflict federalismPart IV Individual Rights and State Duties; 21. The structure and scope of constitutional rights; 22. The comparative constitutional law of freedom of expression; 23. Comparative constitutional law and religion; 24. Autonomy, dignity and abortion; 25. Human dignity in constitutional adjudication; 26. Equality; 27. The right to property; 28. Socio-economic rights: has the promise of eradicating the divide between first and second generation rights been fulfilled?

29. Comparative constitutional law and the challenges of terrorism law30. Legal protection of same-sex partnerships and comparative constitutional law; Part V Courts and Constitutional Interpretation; 31. Judicial engagement with comparative law; 32. Constitutional interpretation in comparative perspective: comparing judges or courts?; 33. Docket control and the success of constitutional courts; Index.

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. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others.

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