The Oxford Handbook of Comparative Constitutional Law

OUP Oxford
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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.
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About the author

Michel Rosenfeld is the Justice Sydney L. Robins Professor of Human Rights at the Benjamin N. Cardozo School of Law, where he is also Director of the Program on Global and Comparative Constitutional Theory. He is the co-editor-in-chief of International Journal of Constitutional Law and the author or co-editor of numerous books, including Law, Justice, Democracy, and the Clash of Cultures: A Pluralist Account (2010) and The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture and Community (2009). Professor Rosenfeld is the recipient of the French government's highest and most prestigious award, the Legion of Honour. András Sajó is a judge at the European Court of Human Rights, Strasbourg. He is also a University Professor at CEU and Global Visiting Professor of Law at New York University Law School. Professor Sajó was the founding dean of Legal Studies at CEU. He is the author or editor of numerous books, including, with Michel Rosenfeld, Norman Dawson, and Susanne Baer, Comparative Constitutions: Cases and Materials (2003).

Michel Rosenfeld is the Justice Sydney L. Robins Professor of Human Rights at the Benjamin N. Cardozo School of Law, where he is also Director of the Program on Global and Comparative Constitutional Theory. He is the co-editor-in-chief of International Journal of Constitutional Law and the author or co-editor of numerous books, including Law, Justice, Democracy, and the Clash of Cultures: A Pluralist Account (2010) and The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture and Community (2009). Professor Rosenfeld is the recipient of the French government's highest and most prestigious award, the Legion of Honour. András Sajó is a judge at the European Court of Human Rights, Strasbourg. He is also a University Professor at CEU and Global Visiting Professor of Law at New York University Law School. Professor Sajó was the founding dean of Legal Studies at CEU. He is the author or editor of numerous books, including, with Michel Rosenfeld, Norman Dawson, and Susanne Baer, Comparative Constitutions: Cases and Materials (2003).

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Additional Information

Publisher
OUP Oxford
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Published on
May 17, 2012
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Pages
1416
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ISBN
9780191640179
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Language
English
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Genres
Law / Comparative
Law / Constitutional
Law / International
Political Science / Constitutions
Political Science / Human Rights
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Content Protection
This content is DRM protected.
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Eligible for Family Library

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'A nation without a national government is an awful spectacle.' In the winter of 1787-8 a series of eighty-five essays appeared in the New York press; the purpose of the essays was to persuade the citizens of New York State to ratify the Constitution of the United States. The three authors - Alexander Hamilton, James Madison, and John Jay - were respectively the first Secretary of the Treasury, the fourth President, and the first Chief Justice of the Supreme Court in American history. Each had played a crucial role in the events of the American Revolution; together they were convinced of the need to weld thirteen disparate and newly-independent states into a union. Their essays make the case for a new and united nation, governed under a written Constitution that endures to this day. The Federalist Papers are an indispensable guide to the intentions of the founding fathers who created the United States, and a canonical text in the development of western political thought. This new edition pays full attention to the classical learning of their authors and the historical examples they deploy. ABOUT THE SERIES: For over 100 years Oxford World's Classics has made available the widest range of literature from around the globe. Each affordable volume reflects Oxford's commitment to scholarship, providing the most accurate text plus a wealth of other valuable features, including expert introductions by leading authorities, helpful notes to clarify the text, up-to-date bibliographies for further study, and much more.
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