The Oxford Handbook of Comparative Constitutional Law

Edited by Michel Rosenfeld and Andras Sajo

Oxford Handbooks

Analyses the comparative jurisprudence on constitutional rights, offering a valuable inroad into understanding comparative human rights law
Presents a global, comparative perspective on the central concepts, institutions, and processes of constitutional law, invaluable for students and academics of constitutional law in any country
The first comprehensive reference in the field of comparative constitutional law, providing a road map to the current state of research for all those working in the discipline
Features contributions from leading political scientists, legal scholars, and judges to present a rounded perspective on the discipline and emerging trends

The Oxford Handbook of Comparative Constitutional Law

Edited by Michel Rosenfeld and Andras Sajo

Description

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.

The Oxford Handbook of Comparative Constitutional Law

Edited by Michel Rosenfeld and Andras Sajo

Oxford Handbooks

Part I: History, Methodology, and Typology
1. Comparative Constitutional Law: A Contested Domain
a. Comparative Constitutional Law: A Continental Perspective, Armin von Bogdandy
b. Comparative Constitutional Analysis in United States Adjudication and Scholarship, Michel Rosenfeld
2. Comparative Constitutional Law: Methodologies, Vicki Jackson
3. Carving out Typologies and Accounting for Differences Across Systems: Towards a Methodology of Transnational Constitutionalism, Peer Zumbansen
4. Types of Constitutions, Dieter Grimm
5. Constitutionalism in Illiberal Polities, Li-ann Thio
6. Constitutionalism and Impoverishment: A Complex Dynamic, Arun Thiruvengadam and Gedion Hessebon
7. The Place of Constitutional Law in the Legal System, Stephen Gardbaum
Part II: Ideas
8. Constitutions and Constitutionalism, Stephen Holmes
9. Constitution, Mark Tushnet
10. Rule of Law, Martin Krygier
11. Democracy, Gunter Frankenberg
12. Conceptions of the State, Olivier Beaud
13. Rights and Liberties as Concepts, Robert Alexy
14. Constitutions and the Public Private Divide, Frank Michelman
15. State Neutrality, Janos Kis
16. The Constitution and Justice, Roberto Gargarella
17. Sovereignty, Michel Troper
18. Carving out the Essence of Humanity: Human Dignity and Autonomy in Modern Constitutional Orders, Matthias Mahlmann
19. Gender and the Constitution, Catharine Mackinnon
Part III: Process
20. Constitution-Making as a Process, Claude Klein and Andras Sajo
21. States of Emergency, David Dyzenhaus
22. War Powers, Yasuo Hasebe
23. Secession and Self-Determination, Susanna Mancini
24. Referendum, Laurence Morel
25. Elections, Richard Pildes
Part IV: Architecture
26. Horizontal Structuring, Jenny Martinez
27. Federalism: Theory, Policy, Law, Daniel Halberstam
28. Internal Ordering in the Unitary State, Sergio Bartole
29. Presidentialism, Hector Fix-Fierro and Pedro Salazar-Ugarte
30. Parliamentarism, Anthony W. Bradley and Cesare Pinelli
31. The Regulatory State, Susan Rose-Ackerman
Part V: Meanings/Textures
32. Constitutional Interpretation, Jeffrey Goldsworthy
33. Proportionality (1), Bernhard Schlink
34. Proportionality (2), Aharon Barak
35. Constitutional Identity, Michel Rosenfeld
36. Constitutional Values and Principles, Gary Jeffrey Jacobsohn
Part VI: Institutions
37. Ensuring Constitutional Efficacy, Juliane Kokott and Martin Kaspar
38. Constitutional Courts, Alec Stone Sweet
39. Judicial Independence as a Constitutional Virtue, Roderick A MacDonald and Hoi Kong
40. The Judiciary: The Least Dangerous Branch?, Daniel Smilov
41. Political Parties and the Constitution, Cindy Skach
Part VII: Rights
42. Freedom of Expression, Eric Barendt
43. Freedom of Religion, Andras Sajo and Renata Uitz
44. Due Process, Richard Vogler
45. Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association),, Ulrich Preuss
46. Privacy, Manuel Jose Cepeda Espinosa
47. Equality, Susanne Baer
48. Citizenship, Ayelet Shachar
49. Socio-Economic Rights, Dennis Davis
50. Economic Rights, K D Ewing
Part VIII: Overlapping Rights
51. (The Rights to the Freedoms of Petition, Assembly, and Association),, Reva Siegel
52. Immodest Claims and Modest Contributions: Sexual Orientation in Comparative Constitutional Law, Kenji Yoshino and Michael Kavey
53. Group Rights in Comparative Constitutional Law: Culture, Economics, or Political Power?, Sujit Choudhry
54. Affirmative Action, Daniel Sabbagh
55. Bioethics and Basic Rights: Persons, Humans and Boundaries of Life, Judit Sandor
Part IX: Trends
56. Internationalization of Constitutional Law, Wen-Chen Chang and Jiunn-Rong Yeh
57. The EU's Unresolved Constitution, Neil Walker
58. The Constitutionalization of Public International Law, Erika de Wet
59. ECtHR Jurisprudence and the Constitutional Systems of Europe, Dean Spielmann
60. Militant Democracy, Jan-Werner Muller
61. Constitutionalism and Transitional Justice, Juan Mendez
62. Islam and the Constitutional Order, Chibli Mallat
63. Constitutional Transplants, Borrowing, and Migrations, Vlad Perju
64. The Use of Foreign Law in Constitutional Interpretation, Gabor Halmai

The Oxford Handbook of Comparative Constitutional Law

Edited by Michel Rosenfeld and Andras Sajo

Oxford Handbooks

Author Information

Michel Rosenfeld, Justice Sydney L. Robins Professor of Human Rights and Director, Program on Global and Comparative Constitutional Theory, Benjamin N. Cardozo School of Law, Yeshiva University,Andras Sajo, Judge, European Court of Human Rights, and University Professor of the Central European University

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.

Andras Sajo 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 Sajo 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).

Contributors:

Armin von Bogdandy
Michel Rosenfeld
Vicki Jackson
Peer Zumbansen
Dieter Grimm
Li-ann Thio
Arun Thiruvengadam and Gedion Hessebon
Stephen Gardbaum
Stephen Holmes
Mark Tushnet
Martin Krygier
Günter Frankenberg
Olivier Beaud
Robert Alexy
Frank Michelman
Janos Kis
Roberto Gargarella
Michel Troper
Matthias Mahlmann
Catharine Mackinnon
Claude Klein and András Sajó
David Dyzenhaus
Yasuo Hasebe
Susanna Mancini
Laurence Morel
Richard Pildes
Jenny Martinez
Daniel Halberstam
Sergio Bartole
Héctor Fix-Fierro and Pedro Salazar-Ugarte
Anthony W. Bradley and Cesare Pinelli
Susan Rose-Ackerman
Jeffrey Goldsworthy
Bernhard Schlink
Aharon Barak
Michel Rosenfeld
Gary Jeffrey Jacobsohn
Juliane Kokott and Martin Kaspar
Alec Stone Sweet
Roderick A MacDonald and Hoi Kong
Daniel Smilov
Cindy Skach
Eric Barendt
András Sajó and Renáta Uitz
Richard Vogler
Ulrich Preuss
Manuel Jose Cepeda Espinosa
Susanne Baer
Ayelet Shachar
Dennis Davis
K D Ewing
Reva Siegel
Kenji Yoshino an

The Oxford Handbook of Comparative Constitutional Law

Edited by Michel Rosenfeld and Andras Sajo

Oxford Handbooks

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