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The Oxford Handbook of Comparative Constitutional Law (Paperback)
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The Oxford Handbook of Comparative Constitutional Law (Paperback)
Series: Oxford Handbooks
Expected to ship within 12 - 19 working days
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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.
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