Comparative Constitutional Law

Front Cover
Tom Ginsburg, Rosalind Dixon
Edward Elgar Publishing, Jan 1, 2011 - Law - 680 pages
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 d
 

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Contents

1 Introduction
1
Part I Constitutional Design and Redesign
17
2 Drafting design and gender
19
3 Participation in constitutional design
38
4 Transitional justice and the transformation of constitutionalism
57
5 Constitutional drafting and external influence
77
a comparative perspective
96
7 Constitutional endurance
112
18 The rise of weakform judicial review
321
19 Constitutions and emergency regimes
334
from classical to postconflict federalism
356
Part IV Individual Rights and State Duties
385
21 The structure and scope of constitutional rights
387
22 The comparative constitutional law of freedom of expression
406
23 Comparative constitutional law and religion
422
24 Autonomy dignity and abortion
441

Part II Constitutional Identity
127
8 The formation of constitutional identities
129
9 Citizenship and the boundaries of the constitution
143
Canada New Zealand and the USA
170
11 A new global constitutional order?
189
Part III Constitutional Structure
209
12 Legislativeexecutive relations
211
13 The separation of legislative and executive powers
234
14 Political parties and constitutionalism
254
15 The rise of specialized constitutional courts
265
16 The interplay of constitutional and ordinary jurisdiction
278
rethinking how a bill of rights functions
298
25 Human dignity in constitutional adjudication
459
26 Equality
473
27 The right to property
504
has the promise of eradicating the divide between first and second generation rights been fulfilled?
519
29 Comparative constitutional law and the challenges of terrorism law
532
30 Legal protection of samesex partnerships and comparative constitutional law
551
Part V Courts and Constitutional Interpretation
569
31 Judicial engagement with comparative law
571
comparing judges or courts?
599
33 Docket control and the success of constitutional courts
624
Index
643
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About the author (2011)

Edited by Tom Ginsburg, Leo Spitz Professor of International Law, University of Chicago Law School, US and Rosalind Dixon, Professor of Law, University of New South Wales, Australia

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