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Books > Law > Jurisprudence & general issues > Comparative law
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Constitutional Engagement in a Transnational Era (Paperback)
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Constitutional Engagement in a Transnational Era (Paperback)
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Constitutional law in the United States and around the world now
operates within an increasingly transnational legal environment of
international treaties, customary international law, supranational
infrastructures of human rights and trade law, and growing
comparative judicial awareness. This new environment is reflected
in increasing cross-national references in constitutional court
decisions around the world. The constellation of legal orders in
which established constitutional regimes operate has changed -
there are more bodies generating law, more international legal
sources, and more multi-national interactions that bring into view
various legal orders. How do these transnational phenomena affect
our understanding of the role of constitutions and of courts in
deciding constitutional cases? Constitutional Engagement in a
Transnational Era explores this question, looking at constitutional
court decisions from around the world, and identifying postures of
resistance, convergence or engagement with international and
foreign law. For the United States, the book argues for cautious
engagement by the Supreme Court with transnational sources of law
in interpreting the national constitution.
Constitutional Engagement in a Transnational Era offers law school
students and professors an authoritative study of comparative
constitutional law by one of the most important scholars of
domestic and comparative constitutional law. The book defines how
international comparative experiences are relevant to
constitutional analysis and discusses in detail the multiple
possible connections between international law and constitutional
law including a comparative overview of constitutional law in
Australia, Canada, France, Germany, India, Israel, South Africa,
the United Kingdom, and the United States.
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