The Oxford Handbook of Comparative Constitutional Law
Sorozatcím:
Oxford Handbooks;
Kiadó: OUP Oxford
Megjelenés dátuma: 2013. szeptember 26.
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A termék adatai:
| ISBN13: | 9780199689286 |
| ISBN10: | 0199689288 |
| Kötéstípus: | Puhakötés |
| Terjedelem: | 1424 oldal |
| Méret: | 246x171 mm |
| Súly: | 2 g |
| Nyelv: | angol |
| 0 |
Témakör:
Rövid leírás:
The first comprehensive reference resource on comparative constitutional law, the Oxford Handbook provides a road map to the field. Leading experts examine the history and development of the discipline, its core concepts, institutions, rights, and emerging trends.
Hosszú leírás:
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.
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.
Tartalomjegyzék:
Comparative Constitutional Law: A Contested Domain
Comparative Constitutional Law: A Continental Perspective
Comparative Constitutional Analysis in United States Adjudication and Scholarship
Comparative Constitutional Law: Methodologies
Carving out Typologies and Accounting for Differences Across Systems: Towards a Methodology of Transnational Constitutionalism
Types of Constitutions
Constitutionalism in Illiberal Polities
Constitutionalism and Impoverishment: A Complex Dynamic
The Place of Constitutional Law in the Legal System
Constitutions and Constitutionalism
Constitution
Rule of Law
Democracy
Conceptions of the State
Rights and Liberties as Concepts
Constitutions and the Public Private Divide
State Neutrality
The Constitution and Justice
Sovereignty
Carving out the Essence of Humanity: Human Dignity and Autonomy in Modern Constitutional Orders
Gender and the Constitution
Constitution-Making as a Process
States of Emergency
War Powers
Secession and Self-Determination
Referendum
Elections
Horizontal Structuring
Federalism: Theory, Policy, Law
Internal Ordering in the Unitary State
Presidentialism
Parliamentarism
The Regulatory State
Constitutional Interpretation
Proportionality (1)
Proportionality (2)
Constitutional Identity
Constitutional Values and Principles
Ensuring Constitutional Efficacy
Constitutional Courts
Judicial Independence as a Constitutional Virtue
The Judiciary: The Least Dangerous Branch?
Political Parties and the Constitution
Freedom of Expression
Freedom of Religion
Due Process
Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association),
Privacy
Equality
Citizenship
Socio-Economic Rights
Economic Rights
(The Rights to the Freedoms of Petition, Assembly, and Association),
Immodest Claims and Modest Contributions: Sexual Orientation in Comparative Constitutional Law
Group Rights in Comparative Constitutional Law: Culture, Economics, or Political Power?
Affirmative Action
Bioethics and Basic Rights: Persons, Humans and Boundaries of Life
Internationalization of Constitutional Law
The EU's Unresolved Constitution
The Constitutionalization of Public International Law
ECtHR Jurisprudence and the Constitutional Systems of Europe
Militant Democracy
Constitutionalism and Transitional Justice
Islam and the Constitutional Order
Constitutional Transplants, Borrowing, and Migrations
The Use of Foreign Law in Constitutional Interpretation
Comparative Constitutional Law: A Continental Perspective
Comparative Constitutional Analysis in United States Adjudication and Scholarship
Comparative Constitutional Law: Methodologies
Carving out Typologies and Accounting for Differences Across Systems: Towards a Methodology of Transnational Constitutionalism
Types of Constitutions
Constitutionalism in Illiberal Polities
Constitutionalism and Impoverishment: A Complex Dynamic
The Place of Constitutional Law in the Legal System
Constitutions and Constitutionalism
Constitution
Rule of Law
Democracy
Conceptions of the State
Rights and Liberties as Concepts
Constitutions and the Public Private Divide
State Neutrality
The Constitution and Justice
Sovereignty
Carving out the Essence of Humanity: Human Dignity and Autonomy in Modern Constitutional Orders
Gender and the Constitution
Constitution-Making as a Process
States of Emergency
War Powers
Secession and Self-Determination
Referendum
Elections
Horizontal Structuring
Federalism: Theory, Policy, Law
Internal Ordering in the Unitary State
Presidentialism
Parliamentarism
The Regulatory State
Constitutional Interpretation
Proportionality (1)
Proportionality (2)
Constitutional Identity
Constitutional Values and Principles
Ensuring Constitutional Efficacy
Constitutional Courts
Judicial Independence as a Constitutional Virtue
The Judiciary: The Least Dangerous Branch?
Political Parties and the Constitution
Freedom of Expression
Freedom of Religion
Due Process
Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association),
Privacy
Equality
Citizenship
Socio-Economic Rights
Economic Rights
(The Rights to the Freedoms of Petition, Assembly, and Association),
Immodest Claims and Modest Contributions: Sexual Orientation in Comparative Constitutional Law
Group Rights in Comparative Constitutional Law: Culture, Economics, or Political Power?
Affirmative Action
Bioethics and Basic Rights: Persons, Humans and Boundaries of Life
Internationalization of Constitutional Law
The EU's Unresolved Constitution
The Constitutionalization of Public International Law
ECtHR Jurisprudence and the Constitutional Systems of Europe
Militant Democracy
Constitutionalism and Transitional Justice
Islam and the Constitutional Order
Constitutional Transplants, Borrowing, and Migrations
The Use of Foreign Law in Constitutional Interpretation
