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rosenfeld michel (curatore); sajó andrás (curatore) - the oxford handbook of comparative constitutional law
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The Oxford Handbook of Comparative Constitutional Law

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Dettagli

Genere:Libro
Lingua: Inglese
Pubblicazione: 09/2013





Note Editore

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.




Sommario

1 - Comparative Constitutional Law: A Contested Domain
a - Comparative Constitutional Law: A Continental Perspective
b - Comparative Constitutional Analysis in United States Adjudication and Scholarship
2 - Comparative Constitutional Law: Methodologies
3 - Carving out Typologies and Accounting for Differences Across Systems: Towards a Methodology of Transnational Constitutionalism
4 - Types of Constitutions
5 - Constitutionalism in Illiberal Polities
6 - Constitutionalism and Impoverishment: A Complex Dynamic
7 - The Place of Constitutional Law in the Legal System
8 - Constitutions and Constitutionalism
9 - Constitution
10 - Rule of Law
11 - Democracy
12 - Conceptions of the State
13 - Rights and Liberties as Concepts
14 - Constitutions and the Public Private Divide
15 - State Neutrality
16 - The Constitution and Justice
17 - Sovereignty
18 - Carving out the Essence of Humanity: Human Dignity and Autonomy in Modern Constitutional Orders
19 - Gender and the Constitution
20 - Constitution-Making as a Process
21 - States of Emergency
22 - War Powers
23 - Secession and Self-Determination
24 - Referendum
25 - Elections
26 - Horizontal Structuring
27 - Federalism: Theory, Policy, Law
28 - Internal Ordering in the Unitary State
29 - Presidentialism
30 - Parliamentarism
31 - The Regulatory State
32 - Constitutional Interpretation
33 - Proportionality (1)
34 - Proportionality (2)
35 - Constitutional Identity
36 - Constitutional Values and Principles
37 - Ensuring Constitutional Efficacy
38 - Constitutional Courts
39 - Judicial Independence as a Constitutional Virtue
40 - The Judiciary: The Least Dangerous Branch?
41 - Political Parties and the Constitution
42 - Freedom of Expression
43 - Freedom of Religion
44 - Due Process
45 - Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association),
46 - Privacy
47 - Equality
48 - Citizenship
49 - Socio-Economic Rights
50 - Economic Rights
51 - (The Rights to the Freedoms of Petition, Assembly, and Association),
52 - Immodest Claims and Modest Contributions: Sexual Orientation in Comparative Constitutional Law
53 - Group Rights in Comparative Constitutional Law: Culture, Economics, or Political Power?
54 - Affirmative Action
55 - Bioethics and Basic Rights: Persons, Humans and Boundaries of Life
56 - Internationalization of Constitutional Law
57 - The EU's Unresolved Constitution
58 - The Constitutionalization of Public International Law
59 - ECtHR Jurisprudence and the Constitutional Systems of Europe
60 - Militant Democracy
61 - Constitutionalism and Transitional Justice
62 - Islam and the Constitutional Order
63 - Constitutional Transplants, Borrowing, and Migrations
64 - The Use of Foreign Law in Constitutional Interpretation




Autore

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).










Altre Informazioni

ISBN:

9780199689286

Condizione: Nuovo
Collana: Oxford Handbooks
Dimensioni: 246 x 171 mm Ø 1858 gr
Formato: Brossura
Pagine Arabe: 1424


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