The President and Fellows of Harvard College. Günter Frankenberg, ‘Constitutional Transfers: the IKEA Theory Revisited’, International Journal of Constitutional Law, 8, 2010, 563-579. We are scholars who produce comprehensive data about the world's constitutions to promote peace, justice, and human development through the constitution … 59. 37. Walter F. Murphy, ‘Constitutions, Constitutionalism, and Democracy’, in Douglas Greenberg, Stanley N. Katz, Melanie Beth Oliviero and Steven C. Wheatley (eds), Constitutionalism and Democracy: Transitions in the Contemporary World (Oxford University Press, 1993), pp. Tom Ginsburg, Zachary Elkins and Justin Blount, ‘Does the Process of Constitution-Making Matter?’, Annual Review of Law and Social Science, 5, 2009, 201-223. 32. Constitutional Law, Business Law, and International Economic Law at the Faculty of Law and Business at the University of Halle-Wittenberg, Germany. 4. The collection is made up of four volumes which bring together the best and most influential canonical and cutting-edge thinking. Can there be constitutionalism without a constitution? Part 14. 54-74. 3. 39. Students who enroll in this offering may count the credits towards the JD international/comparative requirement. Adrienne Stone, ‘The Comparative Constitutional Law of Freedom of Expression’, in Rosalind Dixon and Tom Ginsburg (eds), Comparative Constitutional Law, (Edward Elgar, 2011), pp. 2. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Part 3. 21. Professor Vicki JacksonSpring 2015 courseW 8:10am - 10:10am in Pound Hall Room 102; Th 9:50am - 11:50am in Pound Hall Room 1024 classroom credits. Constitutional Law as Distinctive? 100-133. Concentrating on constitutional structure and law in the United States and in such other countries as Australia, Canada, Colombia, France, Germany, Great Britain, India, Israel, Japan, and South Africa, it will examine selected problems of both constitutional design and constitutional adjudication. 391-418. Explore the latest questions and answers in Comparative Constitutional Law, and find Comparative Constitutional Law experts. With a full index, and thoughtful introductions, newly written by the learned editor, Comparative Constitutional Law traces the field's development and highlights the challenges for future explorations. 65-82. Indeed, a growing tendency towards international borrowing and harmonization has been marked in many jurisdictions (even, tentatively, the United States), but it has not been uncontroversial, or uncontested. Comparative Constitutional Law. Constitution-Making, Methodology, and Interpretation. 23-37. Is there a Methodology of Comparative Constitutional Law? Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Thomas Fleiner and Cheryl Saunders, ‘Constitutions Embedded in Different Legal Systems’, in Mark Tushnet, Thomas Fleiner and Cheryl Saunders (eds), Routledge Handbook of Constitutional Law (Routledge, 2013), pp. 21-32. Note: This is one of the 1L required international or comparative courses and is only available to HLS first-year and LLM students. Mauro Cappelletti, ‘Judicial Review in Comparative Perspective’, in The Judicial Process in Comparative Perspective, (Oxford University Press, 1989), pp. Jeremy Waldron, ‘The Constitutional Conception of Democracy’, in Law and Disagreement, (Oxford University Press, 1999), pp. Helen Irving, ‘Framework’, Gender and the Constitution: Equity and Agency in Comparative Constitutional Design (Cambridge University Press, 2008), pp. Dignity, Equality and Liberty Rights. Vicki C. Jackson, ‘Constitutional Comparisons: Convergence, Resistance, Engagement’, Harvard Law Review, 109, 2005, 109-128. Does constitutionalism necessarily entail precommitment through entrenched law? 56. Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Does constitutionalism necessarily require commitment to specific substantive norms? "A Culture of Justification" and Competing Perspectives on Rights Adjudication. 46. Richard H. Pildes, ‘Elections’, in Michel Rosenfeld & András Sajó (eds), The Oxford Handbook of Comparative Constitutional Law, (Oxford University Press, 2012), pp. Is it legitimate for them to do so? 36. On the other hand, comparative study may also illuminate how difficult it is to distinguish "false necessities" from "true necessities," to the extent that each constitutional system's parts are integrally interrelated with others and bound up with a specific constitutional and political culture. The field of comparative constitutional law has grown immensely over the past couple of decades. What is the relationship between a written constitution and constitutionalism? Informing Constitutional Design. What is the relationship between a written constitution and constitutionalism? To do so, we will focus on a set of basic questions about constitutions, and constitutionalism: Why have constitutions? Ran Hirschl, ‘The Question of Case Selection in Comparative Constitutional Law’, American Journal of Comparative Law, 53, 2005, 125-155. ), European and US Constitutionalism, (Cambridge University Press, 2005), pp. 359-366 & 370-387. 41. The field of comparative constitutional law has grown immensely over the past couple of decades. Judith Resnik, extract from ‘A2J/A2K: Access to Justice, Access to Knowledge, and Economic Inequalities in Open Courts and Arbitrations’, North Carolina Law Review, 96, 2018, 614-618. It offers students a comprehensive understanding of contemporary human rights practices, including uses of constitutional law, in both domestic and international settings. Can one draw conclusions for one country based on comparing constitutional experiences in others? free press, universities, civic NGOs), and (9) positive social welfare rights. Two overarching questions will be explored through these topics. Roberto Gargarella, ‘Latin American Constitutionalism: Social Rights and the "Engine Room" of the Constitution’, Notre Dame Journal of International and Comparative Law, 4, 2014, 9-18. Introducing the Interim Bill of Rights’, South African Journal on Human Rights, 10, 1994, 31-48. 28. 356-384. 7-19; 29-35; 92-104. 47. Bruce Ackerman, ‘Constitutionalizing Revolution’, in The Future of Liberal Revolution, (Yale University Press, 1992), pp. 13. Where the content of the eBook requires a specific layout, or contains maths or other special characters, the eBook will be available in PDF (PBK) format, which cannot be reflowed. The course will cover a series of topics arising in the comparative study of constitutional systems. 7. This book is included in the following series: By using this site you agree to the use of cookies. 57. 27. Mark Tushnet, extract from ‘The Possibilities of Comparative Constitutional Law’, Yale Law Journal, 108, 1999, 1225-1242, 1257-1301, 1303-1306. Vicki C. Jackson is the Thurgood Marshall Professor of Constitutional law at Harvard Law School, Harvard University, USA, Mila Versteeg is the Martha Lubin Karsh and Bruce A. Karsh Bicentennial Professor of Law at the School of Law, University of Virginia, USA. 273-283. 12. 282-312. Once a mere appendage to constitutional law proper, research in comparative constitutional law has burgeoned in recent decades. Product pricing will be adjusted to match the corresponding currency. Canadian Secession Reference Case, Supreme Court of Canada, Part III.A, 1998. Gary Jeffrey Jacobsohn, ‘Constitutional Identity’, The Review of Politics, 68, 2006, 361-397. Or is the possibility of drawing lessons from one polity to another always limited by the particularities of context and culture within which constitutions are formed and constitutional decisionmaking proceeds? 51. Prices & shipping based on shipping country. Charles Fombad, ‘The Diffusion of South African-Style Institutions? Questions (17) Publications (9,376) 26. Cass R. Sunstein, extract from ‘Constitutionalism and Secession’, University of Chicago Law Review, 58, 2, 1991, 636-643. Treasures collected from around the world, for the world. H. W. O. Okoth-Ogendo, ‘Constitutions without Constitutionalism: Reflections on an African Political Paradox’, in Douglas Greenberg, Stanley N. Katz, Melanie Beth Oliviero and Steven C. Wheatley (eds), Constitutionalism and Democracy: Transitions in the Contemporary World (Oxford University Press, 1993), pp. Jon Elster, ‘Forces and Mechanisms in the Constitution-Making Process’, Duke Law Journal, 45, 1995, 364-396. Topics include constitution-making and amendment; the different structural components of constitutional governance (such as the relationship of legislatures to courts and the effects of different methods of judicial oversight); the interaction of constitutional law with transnational sources of law; and theoretical and practical aspects of constitutional legitimacy. Charles Manga Fombad and Enyinna Nwauche, ‘Africa’s Imperial Presidents: Immunity, Impunity and Accountability’, African Journal of Legal Studies, 5, 2012, 91-118.
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