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Author: Charles Barzun Publisher: Bloomsbury Publishing ISBN: 1509953841 Category : Law Languages : en Pages : 463
Book Description
This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and international contexts. In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice. Together with volume 2, which explores the canon's use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.
Author: Matthias Klatt Publisher: Bloomsbury Publishing ISBN: 150995385X Category : Law Languages : en Pages : 463
Book Description
This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and international contexts. In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice. Together with volume 2, which explores the canon's use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.
Author: Matthias Klatt Publisher: ISBN: 9781509953875 Category : Constitutional law Languages : en Pages : 0
Book Description
"This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. The book addresses the fundamental issues that the canon raises in the national, supranational and international context. Experts from 21 jurisdictions present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice. Together with volume 2, which explores the canon's use and theoretical impact beyond the national context, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse."--
Author: Matthias Klatt Publisher: Hart Publishing ISBN: 1509953809 Category : Law Languages : en Pages : 0
Book Description
This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation. This second volume builds upon the insights of volume 1, which includes national reports on the use of constitutional interpretation. In volume 2, the analysis is extended beyond the national context, discussing its use in the supranational and international context, such as in EU law or in the practice of the ECtHR and the IACtHR. It looks at constitutional amendments, global constitutionalism, the impact of unwritten constitutional provisions. The volume is rounded off by a comparative analyse, which formulates universally applicable insights. Together with volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.
Author: Matthias Klatt Publisher: Bloomsbury Publishing ISBN: 1509953868 Category : Law Languages : en Pages : 463
Book Description
This is the first part of a 2-volume set that presents an in-depth investigation into the canon of constitutionally conforming interpretation. These volumes address the fundamental issues the canon raises in the national, supranational and international contexts. In volume 1, experts from 19 jurisdictions, including Brazil, Canada, India, the UK, and the USA, present reports which give concise overviews of the approaches and debates on constitutionally conforming interpretation. These reports cover the structural background, the conditions of application, as well as issues of competence. Further aspects discussed are its perceived normativity and popularity in everyday legal practice. Together with volume 2, which explores the canon's use and theoretical impact beyond the national context in a comparative and critical manner, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse.
Author: Susan J Brison Publisher: Routledge ISBN: 042998099X Category : Political Science Languages : en Pages : 358
Book Description
Current controversies over abortion, affirmative action, school prayer, hate speech, and other issues have sparked considerable public debate about how the U.S. Constitution should be interpreted. Such controversies, along with the changing composition of an often deeply divided Supreme Court, have led to a resurgence of interest in theories of constitutional interpretation. This anthology, edited by Susan J. Brison and Walter Sinnott-Armstrong, presents some of the most exciting and influential contemporary work in this area. Written by ten of the country's most prominent legal scholars, the selections represent a wide variety of interpretive approaches, reflecting different political orientations from the far right to the far left. These theorists have drawn on a variety of other disciplines, including literature, economics, history, philosophy, and politics, and have in turn influenced these fields. The selections were chosen for their accessibility, originality, variety, and importance. Together they provide an excellent introduction to constitutional interpretation as well as a valuable collection for experienced scholars in the field.
Author: Gary Jacobsohn Publisher: Edward Elgar Publishing ISBN: 1784719137 Category : Law Languages : en Pages : 549
Book Description
The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.
Author: Rosalind Dixon Publisher: Cambridge University Press ISBN: 1108417574 Category : Law Languages : en Pages : 595
Book Description
Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. This contributed volume will help its wide audience including scholars, students, and practitioners understand the dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems.
Author: Jeffrey Goldsworthy Publisher: Oxford University Press, USA ISBN: Category : Law Languages : en Pages : 392
Book Description
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.
Author: Charles Barzun
Author: Matthias Klatt
Author: Matthias Klatt
Author: Matthias Klatt
Author: Matthias Klatt
Author: Susan J Brison
Author: Gary Jacobsohn
Author: Rosalind Dixon
Author: Eason-Weinmann Center for Comparative Law
Author: Jeffrey Goldsworthy
Author: