Interpreting Constitutions
A Comparative Study
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Product details:
- Publisher OUP Oxford
- Date of Publication 9 February 2006
- ISBN 9780199274130
- Binding Hardback
- No. of pages384 pages
- Size 242x164x26 mm
- Weight 720 g
- Language English 0
Categories
Short description:
This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods that have guided the courts, and explores the reasons for major differences between these methods. Each of the six federations is the subject of a separate chapter written by a leading authority, which describes not only the interpretive methodology currently used, but the evolution of that methodology since the constitution in question was first enacted. The book also includes a concluding chapter that compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.
MoreLong description:
This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles.
Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.
Table of Contents:
Introduction
United States: Eclecticism In the Service of Pragmatism
Canada: From Privy Council to Supreme Court
Australia: Devotion to Legalism
Germany: Balancing Rights and Duties
India: From Positivism to Structuralism
South Africa: From Constitutional Promise to Social Transformation
Conclusions
Index
