Constitutional Comparison: Japan, Germany, Canada and South Africa As Constitutional States
In our globalized era it has become impossible to deal effectively with constitutional law and related subjects such as fundamental rights, administrative law and political science without knowledge of foreign systems. A wealth of literature is available on practically all constitutional systems and the intricacies of their application. This, however, presents the constitutionalist with a formidable problem: Which foreign systems should I explore in order to make relevant comparisons, and how should I go about it? This book addresses the core problems of comparability and appropriate comparative methodology in the realm of contemporary constitutionalism. The outcome is, however, not mere theorizing. Most of the text is devoted to an incisive application of the chosen comparative method to four geographically, historically, and culturally divergent, but thoroughly comparable, constitutional systems. In the course of the comparative exercise, contemporary constitutional dogma and constitutional mechanics are analyzed and explained, in many instances in their historical contexts, making the book itself a useful source of comparative and historical information.
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1996 Constitution academic freedom adjudication administrative law adopted amendment application appointment Article Basic Law Bill of Rights British Bundesrat Bundesverfassungsgericht BVerfQE cabinet Canada Canadian Constitution century cf eg Charter citizenship colonies common comparative law concept concerned Constitution of Canada Constitution provides constitutional comparison Constitutional Court constitutional law constitutionalism Council decision democracy democratic determined doctrine effect elected established executive exercise expression federal functions fundamental rights Gauteng German Grundgesetz guaranteed Hogg human dignity human rights independent individual institutions international law interpretation Japan Japanese judges judiciary jurisdiction juristic person Lšnder legislation legislature limitation matter Meiji Constitution nature norms organs Parlamentarischer Rat Parliament parliamentary party political President principle procedures protection provincial provisions purpose Recht Rechtsstaat Reenen regarding regulation Republic of South Rights and Freedoms Section separation of powers social society South Africa sovereignty statute Stern Supreme Court tertium comparationis tional values Venter