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An Inquiry into the Existence of Global Values - Through the Lens of Comparative Constitutional Law (Hardcover)
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An Inquiry into the Existence of Global Values - Through the Lens of Comparative Constitutional Law (Hardcover)
Series: Hart Studies in Comparative Public Law
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The world appears to be globalising economically, technologically
and even, to a halting extent, politically. This process of
globalisation raises the possibility of an international legal
framework, a possibility which has gained pressing relevance in the
wake of the recent global economic crisis. But for any
international legal framework to exist, normative agreement between
countries, with very different political, economic, cultural and
legal traditions, becomes necessary. This work explores the
possibility of such a normative agreement through the prism of
national constitutional norms. Since 1945, more than a hundred
countries have adopted constitutional texts which incorporate, at
least in part, a Bill of Rights. These texts reveal significant
similarities; the Canadian Charter of Rights and Freedoms, for
instance, had a marked influence on the drafting of the Bill of
Rights for South Africa, New Zealand and Hong Kong as well as the
Basic Law of Israel. Similarly, the drafts of Eastern European
constitutions reflect significant borrowing from older texts. The
essays in this book examine the depth of these similarities; in
particular the extent to which textual borrowings point to the
development of foundational values in these different national
legal systems and the extent of the similarities or differences
between these values and the priorities accorded to them. From
these national studies the work analyses the rise of
constitutionalism since the Second World War, and charts the
possibility of a consensus on values which might plausibly underpin
an effective and legitimate international legal order.
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