The migration of constitutional ideas across jurisdictions is one of the central features of contemporary constitutional practice. The increasing use of comparative jurisprudence in interpreting constitutions is one example of this. In this 2007 book, leading figures in the study of comparative constitutionalism and comparative constitutional politics from North America, Europe and Australia discuss the dynamic processes whereby constitutional systems influence each other. They explore basic methodological questions which have thus far received little attention, and examine the complex relationship between national and supranational constitutionalism - an issue of considerable contemporary interest in Europe. The migration of constitutional ideas is discussed from a variety of methodological perspectives - comparative law, comparative politics, and cultural studies of law - and contributors draw on case-studies from a wide variety of jurisdictions: Australia, Hungary, India, South Africa, the United Kingdom, the United States, and Canada.
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Editorial Reviews
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Review of the hardback: 'This superb volume will be widely read and cited - by comparative lawyers, international lawyers, scholars of socio-legal studies, and political scientists.' Michael Byers, Canada Research Chair in Global Politics and International Law, University of British Columbia
Review of the hardback: 'It has become a cliché to refer to globalization and the increasing international influences on domestic constitutional law; but clichés are not scholarship. The Migration of Constitutional Ideas brings together an outstanding collection of articles by international and interdisciplinary scholars who offer both greater conceptual clarity and much useful empirical data. No one interested in the topic can afford to ignore this book.' Sanford Levinson, University of Texas Law School and Department of Government; Co-editor of Constitutional Stupidities, Constitutional Tragedies (1998)
Review of the hardback: 'Under Sujit Choudhry's artful guidance, the contributors to The Migration of Constitutional Ideas have produced a remarkably coherent volume that will be indispensable to constitutional scholars and policymakers everywhere. The essays not only give a snapshot of the global state of constitutional thought today, they take on the hard normative questions of right and wrong that are so pressing as new constitutions are written and old ones put under pressure in the post 9/11 world. This is comparative law the way it was meant to be - with a keen eye for discerning the inner life of constitutional ideas on the move.' Noah Feldman, Professor of Law, New York University School of Law
Review of the hardback: 'It has become a cliché to refer to globalization and the increasing international influences on domestic constitutional law; but clichés are not scholarship. The Migration of Constitutional Ideas brings together an outstanding collection of articles by international and interdisciplinary scholars who offer both greater conceptual clarity and much useful empirical data. No one interested in the topic can afford to ignore this book.' Sanford Levinson, University of Texas Law School and Department of Government; Co-editor of Constitutional Stupidities, Constitutional Tragedies (1998)
Review of the hardback: 'Under Sujit Choudhry's artful guidance, the contributors to The Migration of Constitutional Ideas have produced a remarkably coherent volume that will be indispensable to constitutional scholars and policymakers everywhere. The essays not only give a snapshot of the global state of constitutional thought today, they take on the hard normative questions of right and wrong that are so pressing as new constitutions are written and old ones put under pressure in the post 9/11 world. This is comparative law the way it was meant to be - with a keen eye for discerning the inner life of constitutional ideas on the move.' Noah Feldman, Professor of Law, New York University School of Law
Book Description
The migration of constitutional ideas across jurisdictions is emerging as one of the central features of contemporary constitutional practice. In this book, leading figures in the study of comparative constitutionalism and comparative constitutional politics from North America, Europe, and Australia discuss the dynamic processes whereby constitutional systems influence each other.
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Inside This Book
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Key Phrases - Statistically Improbable Phrases (SIPs):
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liberal constitutional norms, objective normative order, reasoning templates, case selection principles, constitutionalized human rights, judicial borrowings, comparative engagement, methodological matrix, constitutional borrowing, juridical paradigm, comparative constitutional law, constitutional convergence, national constitutional traditions, respect for inherent human dignity, international security law, constitutional law scholarship, public law globalization, private common law, constitutional paradigm, common law constitutionalism, provincial secession, comparative constitutionalism, terrorism offences, constitutionalist model, constitutional ideas Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Security Council, New York, South Africa, Secession Reference, Oxford University Press, European Union, Hong Kong, Constitutional Treaty, Northern Ireland, Patriot Act, United Kingdom, United Nations, Second World War, Warren Court, Cambridge University Press, International Journal of Constitutional Law, Sanctions Committee, Drummond Wren, Fourteenth Amendment, Criminal Code, European Convention, New Zealand, Canada Trust, Constitution Act New!
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Front Cover | Table of Contents | First Pages | Index | Surprise Me!
liberal constitutional norms, objective normative order, reasoning templates, case selection principles, constitutionalized human rights, judicial borrowings, comparative engagement, methodological matrix, constitutional borrowing, juridical paradigm, comparative constitutional law, constitutional convergence, national constitutional traditions, respect for inherent human dignity, international security law, constitutional law scholarship, public law globalization, private common law, constitutional paradigm, common law constitutionalism, provincial secession, comparative constitutionalism, terrorism offences, constitutionalist model, constitutional ideas Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Security Council, New York, South Africa, Secession Reference, Oxford University Press, European Union, Hong Kong, Constitutional Treaty, Northern Ireland, Patriot Act, United Kingdom, United Nations, Second World War, Warren Court, Cambridge University Press, International Journal of Constitutional Law, Sanctions Committee, Drummond Wren, Fourteenth Amendment, Criminal Code, European Convention, New Zealand, Canada Trust, Constitution Act New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Surprise Me!
Citations (learn more)
This book cites 100
books:
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2
books
cite this book:
- Constitutional Law (Casebook) by Pamela S. Karlan on 13 pages
- Emergency powers (Science and Technique of Democracy No. 12) (1995) by European Commission for Democracy through Law on 6 pages
- Right to Silence (Avebury Series in Philosophy) by Susan M. Easton on 4 pages
- International Law (SAGE Library of International Relations) by Beth A Simmons on page 2, page 215, and page 278
- Approaches to Canadian Economic History (Carleton Library) by W. T. Easterbrook on page 298, and page 299
See all 100 books this book cites
- Interpreting Constitutions: A Comparative Study by Jeffrey Goldsworthy in Front Matter, and page 342
- Access to Care, Access to Justice: The Legal Debate Over Private Health Insurance in Canada by Colleen M Flood on page 96
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