Interpreting Constitutions: A Comparative Study
OUP Oxford, Feb 9, 2006 - Law - 384 pages
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.
What people are saying - Write a review
We haven't found any reviews in the usual places.
Eclecticism in the Service of Pragmatism
Problems and Methods of Interpretation
14 other sections not shown
Other editions - View all
adopted American appeal appointed approach argued Article Basic Law Bill of Rights British BVerfGE Canadian Charter of Rights Chief Justice clause commerce Commonwealth Congress Constituent Assembly Constitution Act 1867 Constitution Act 1982 Constitution of Canada Constitution of India Constitution's constitutional amendment Constitutional Court constitutional interpretation constitutional law constitutional principles constitutional text context Court held Court of Canada decisions democracy democratic doctrine elected enacted equality example executive exercise framers freedom Fundamental Rights German Germany's guaranteed High Court human dignity ibid implied impose India invalid issues judges judicial review judiciary jurisdiction jurisprudence legislative power legislature limited majority meaning national government opinion original understanding originalist Parliament Parliament of Canada parliamentary parties political President Privy Council procedure protect provinces provisions purpose reasoning reference regulation Republic of South role social South Africa statute structure Supreme Court tion tional United values vote words