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New Arrival Redefining Comparative Constitutional Law: Essays for Mark Tushnet

Redefining Comparative Constitutional Law: Essays for Mark Tushnet

  • 作者:
  • 出版商: Oxford University Press
  • ISBN: 9780198891451
  • 出版时间 January 2025
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: JP¥29,375.00

JP¥28,493.84 Save JP¥881.16 (3%)

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  • 描述 
  • 大纲 
  • 详细

    Over the past two decades, the field of comparative constitutional law has emerged as a major domain of scholarly inquiry. It has also been a notable feature in judicial practice. Many of the world's leading courts are now composed of at least some members who engage with comparative materials, and thinking comparatively has developed into one of the most significant ways of engaging in constitutional analyses.

    Redefining Comparative Constitutional Law: Essays for Mark Tushnet reflects upon the field of comparative constitutional law. Among the most prominent figures in the development of the field in its ongoing renaissance has been Mark Tushnet. This book uses the occasion of Professor Tushnet's recent retirement from Harvard Law School to think critically about the field. Each essay takes up one of Professor Tushnet's major recent themes which focuses on variations within liberal constitutionalism and the possibility of other forms of constitutionalism that find articulation under other political regimes. In this book, leading scholars contribute to the debate over the nature of the field, including the role of empiricism and language; discussions of democracy and entrenchment; analyses of rights and courts; consideration of constitutional design; and explorations of the extent to which there are varieties of constitutionalism.

    At a moment of renewed stress and political debate over the relationship between democracy and constitutionalism, Redefining Comparative Constitutional Law: Essays for Mark Tushnet offers timely insights into comparative analyses of constitutional rights. Academics and students alike will benefit from the essays that range across both methodological questions and substantive analysis in the development of constitutions throughout the globe.

  • 1:How to Compare Constitutionally: An Essay in Honor of Mark Tushnet
    Rosalind Dixon
    2:Comparative Constitutional Law: Reflections on a Field Transformed
    Ran Hirschl
    3: Are Constitutions So Indeterminate that We Cannot Compare Them?
    Tom Ginsburg and Mila Versteeg
    4:Mark Tushnet's Central Contribution-and Challenge-to the Enterprise of Comparative Constitutionalism
    Sanford Levinson
    5:Canon and Comparative Constitutional Law
    David S. Law
    6:Foxes, Hedgehogs, and Ants
    Kim Lane Scheppele
    7:Constitutional Comparisons and Language
    Maartje De Visser
    8:Reasonable Disagreement: Mark Tushnet, John Rawls, and a Democratic Point to Constitutionalism
    Frank I. Michelman
    9:The Challenge to Liberal Constitutionalism
    Pratap Bhanu Mehta
    10:The Architecture of Constitutionalism
    Peter Cane
    11:Global Values in National Constitutions
    Richard Albert
    12:The Constituent Power and Its Limits
    Aharon Barak
    13:Toward Deeper Dialogue: Constitutional and International Law
    Cheryl Saunders
    14:Ancillary Powers of Constitution-Making Bodies
    David Landau
    15:Legal Reasoning Matters
    Dieter Grimm
    16:The Political Paradox of African Constitutionalism Revisited: Kenya's BBI Case
    Catherine O'Regan
    17:Rights as the Domain of Weak-Form Review
    Jeremy Waldron
    18:Common Law and the Liberation of Self-Interest from Regulation
    David C. Donald
    19:Dialogic Judicial Review and First World Autocracies
    Po Jen Yap
    20:We the Fourth Branch? The People as an Institution Protecting Democracy
    Yaniv Roznai
    21:Constitutional Design and Political Parties
    Sujit Choudhry
    22:Civic Virtue, Civic Obligation, Knowledge Institutions, and Proconstitutional Actors
    Vicki C. Jackson
    23:Popular Constitutionalism during Populist Times
    Bojan BugariÄ
    24:Pluralizing Constitutionalism
    Cora Chan
    25:Competitive Populism
    Madhav Khosla
    26:Mapping Power Constitutionalism and Its Colonial Legacy
    Erin F. Delaney
    27:The Possibilities of Constitutional Tourism
    Jamal Greene
    28:Constituent Power in Constitutional Theory, with a Note on Language and Method
    Mark Tushnet

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