Comparative Matters

Comparative Matters
Author: Ran Hirschl
Publisher:
Total Pages: 317
Release: 2014
Genre: Law
ISBN: 0198714513


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Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.

Comparative Constitutional Law

Comparative Constitutional Law
Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
Total Pages: 681
Release: 2011-01-01
Genre: Law
ISBN: 0857931210


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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 design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

Comparative Constitutional Design

Comparative Constitutional Design
Author: Tom Ginsburg
Publisher: Cambridge University Press
Total Pages: 407
Release: 2012-02-27
Genre: Law
ISBN: 1107020565


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Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.

On What Matters in Comparative Constitutional Law

On What Matters in Comparative Constitutional Law
Author: Katharine Young
Publisher:
Total Pages: 19
Release: 2017
Genre:
ISBN:


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The field of comparative constitutional law has developed in interesting and exciting directions in recent years. This essay provides a comment on Ran Hirschl's Comparative Matters: The Renaissance of Comparative Constitutional Law, a path-breaking example of the new methodologies that have become possible in the field. Its new boundaries, described not as comparative constitutional law, but as comparative constitutional studies, include comparative politics, political economy, and the broader social sciences. By contrast, this essay suggests that the field must remain anchored in law, in all of its complexity. This may at times suggest different answers, and indeed different questions, from those that Hirschl provides. Moreover, I argue that the difficult questions that the social practice of law raises - such as the demand for justification, and the reliance on interpretation - cannot be abandoned in this new moment of social scientific possibility.

Comparative Reasoning in International Courts and Tribunals

Comparative Reasoning in International Courts and Tribunals
Author: Daniel Peat
Publisher: Cambridge University Press
Total Pages: 293
Release: 2019-06-13
Genre: Law
ISBN: 1108415474


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This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.

Political Political Theory

Political Political Theory
Author: Jeremy Waldron
Publisher: Harvard University Press
Total Pages: 369
Release: 2016-03-07
Genre: Political Science
ISBN: 0674970365


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Political theorists focus on the nature of justice, liberty, and equality while ignoring the institutions through which these ideals are achieved. Political scientists keep institutions in view but deploy a meager set of value-conceptions in analyzing them. A more political political theory is needed to address this gap, Jeremy Waldron argues.

Comparative International Law

Comparative International Law
Author: Anthea Roberts
Publisher: Oxford University Press
Total Pages: 641
Release: 2018
Genre: Law
ISBN: 0190697571


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Explains that international law is not a monolith but can encompass on-going contestation, in which states set forth competing interpretations Maps and explains the cross-country differences in international legal norms in various fields of international law and their application and interpretation in different geographic regions Organized into three broad thematic sections of conceptual matters, domestic institutions and comparative international law, and comparing approaches across issue-areas Chapters authored by contributors who include top international law and comparative law scholars all from diverse backgrounds, experience, and perspectives.

Comparative Politics

Comparative Politics
Author: Judith Bara
Publisher: SAGE
Total Pages: 346
Release: 2009-03-19
Genre: Political Science
ISBN: 1446241823


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′Bara and Pennington′s edited volume successfully fills a huge void in the market for introductory textbooks to comparative politics which previously offered either descriptions of political processes and systems or overviews of the methodology of comparative analysis. By applying major political science theories to overviews of the core elements of political systems, the authors both enhance our understanding of these elements and provide readers an excellent introduction to comparative explanation′ - Dr David Howarth, University of Edinburgh ′What is distinctive about this authoritative and comprehensive book on comparative politics is the way in which it is underpinned throughout by a theoretical analysis centred on a new institutionalist approach′ - Professor Wyn Grant, University of Warwick ′Comparative Politics takes a fresh and original approach to the field... it examines the role of structures, rules and norms in regulating the individual and collective behaviour of political actors. Each chapter provides a critical bibliography and key questions which will be particularly useful for students approaching Comparative Politics for the first time. Altogether this is a comprehensive and useful read which I warmly recommend′ - Ian Budge, Professor Emiritus Professor of Government, University of Essex ′This is a most useful book. Teachers of comparative politics often scramble around, with out-of-date textbooks and photocopies of more or less compatible articles. Here is a new book that gives an up-to-date, comprehensive and systematic introduction to the major strands of institutional thought and applies these to the major institutions, processes and policy areas. It will be a great help for many of us, academics and students alike′ - Peter Kurrild-Klitgaard, Professor of Comparative Politics, University of Copenhagen This book provides a distinctive new introduction to the study of comparative politics at undergraduate level. Rich in case study material and global in coverage, Comparative Politics sets out the basic theoretical and methodological foundations for studying different political systems as well as the key structures and actors of which they are comprised. Part One explores the nature of comparative methodology and introduces students to the major theoretical paradigms that seek to explain the operation of institutions in democratic states and facilitate comparison across different political systems. Part Two examines the institutional structures of the modern state, outlining the key features such as the electoral systems and territorial and functional divisions of government across a range of modern states. Part Three analyzes the role of key actors, such as voters and parties, interest groups and social movements, the bureaucracy and the judiciary. This book will be an essential primer for students on first-year courses in comparative government and politics as well as introductory courses in political science concepts and methods. Judith Bara is Senior Lecturer in Politics at Queen Mary, University of London and Research Fellow in Government, University of Essex. David S. Bell is Professor of French Government and Politics and Head of Social Studies and Law at the University of Leeds. Jocelyn Evans is Reader in Politics at the European Studies Research Institute, University of Salford. Catherine Needham is Lecturer in Politics at Queen Mary, University of London. Brendan O′Duffy is Senior Lecturer in Politics at Queen Mary, University of London. Mark Pennington is Senior Lecturer in Politics at Queen Mary, University of London. David Robertson is Professor of Politics, University of Oxford and Vice Principal, St Hugh′s College, Oxford.

Comparative Issues in Party and Election Finance

Comparative Issues in Party and Election Finance
Author: F. Leslie Seidle
Publisher: Dundurn
Total Pages: 286
Release: 1991-01-01
Genre: Political Science
ISBN: 1459718836


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This book is one of 23 volumes of research commissioned by the Royal Commission on Electoral Reform and Party Financing, and one of five volumes within this series dealing specifically with party and election finance.

The Oxford Handbook of Comparative Constitutional Law

The Oxford Handbook of Comparative Constitutional Law
Author: Michel Rosenfeld
Publisher: OUP Oxford
Total Pages: 1416
Release: 2012-05-17
Genre: Law
ISBN: 0191640166


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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.