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This two-volume set examines the origins and growth of judicial
review in the key G-20 constitutional democracies, which include
the United States, the United Kingdom, France, Germany, Japan,
Italy, India, Canada, Australia, South Korea, Brazil, South Africa,
Indonesia, Mexico, and the European Union, as well as Israel. The
volumes consider five different theories, which help to explain the
origins of judicial review, and identify which theories apply best
in the various countries discussed. They consider not only what
gives rise to judicial review originally, but also what causes of
judicial review lead it to become more powerful and prominent over
time. Volume One discusses the G-20 common law countries and
Israel.
This two-volume set examines the origins and growth of judicial
review in the key G-20 constitutional democracies, which include
the United States, the United Kingdom, France, Germany, Japan,
Italy, India, Canada, Australia, South Korea, Brazil, South Africa,
Indonesia, Mexico, and the European Union, as well as Israel. The
volumes consider five different theories, which help to explain the
origins of judicial review, and identify which theories apply best
in the various countries discussed. They consider not only what
gives rise to judicial review originally, but also what causes of
judicial review lead it to become more powerful and prominent over
time. Volume Two discusses the G-20 civil law countries.
The United States Constitution: Creation, Reconstruction, the
Progressives, and the Modern Era (1st ed. 2020), is the most
complete, historically grounded, and originalist and textualist
casebook account of the original Constitution, Reconstruction
Amendments, and modern constitutional developments. The book
contains unique background on the drafting and ratification of the
Constitution that puts all subsequent doctrinal developments into
context. It follows the text of the Constitution, starting with the
Preamble and ending with the Twenty-Seventh Amendment, containing
material on literally every clause in between - which,
astonishingly, is done by no other casebook. It provides the
historical evolution of important areas of doctrine without
sacrificing coverage of modern law. And, given the Supreme Court's
recent and likely continuing turn towards originalism, the book
contains extensive treatment of original meaning by two of the
academy's leading originalist theorists, while also providing ample
material on the many other modalities of interpretation that drive
constitutional doctrine. Furthermore, this casebook delves deeply
into the separation of powers, federalism, and Reconstruction, with
an historical and theoretical focus that no other book can match.
The casebook is co-written by two former Scalia clerks, Steven Gow
Calabresi and Gary Lawson. Both authors are highly accomplished
scholars who have published numerous university press books, law
review articles and casebooks. They know how a casebook differs
from a university press book or a law review article, and this
makes their casebook very user-friendly. This new edition also
takes account of the two newest appointees to the Supreme Court,
Justices Gorsuch and Kavanaugh, and is thus up to date on Supreme
Court case law as it stood when the Supreme Court adjourned in the
summer of 2019.
With an Introduction by Justice Alito, this Comparative
Constitutional Law casebook stands apart from other casebooks. It
focuses on the 15 constitutional democracies in the G-20 Nations:
1) the United States, 2) the United Kingdom, 3) France, 4) Germany,
5) Japan, 6) Italy, 7) India, 8) Canada, 9) Australia, 10) Brazil,
11) South Korea, 12) South Africa, 13) Indonesia, 14) Mexico, and
15) the European Union. The G-20 Nations together comprise 85% of
the world's GDP and two-thirds of the world's population. Thus,
this casebook maintains a better sense of relevance than similar
books, which often focus heavily on esoteric jurisdictions. It is
also less Euro-centric than competing books; most chapters include
cases from Brazil, Mexico, and India. Substantively, this casebook
compares the constitutional law of the selected countries with
respect to fourteen topics: 1) constitutionalism - constitutional
history, constitution-making, amendment, and secession rules; 2)
the emergence and nature of judicial review; 3) the separation of
powers, bicameralism, and comparative administrative law; 4)
federalism; 5) bills of rights, birthright freedom and equality,
and human dignity; 6) equal protection of the laws; 7) freedom of
expression; 8) freedom of religion; 9) civil, criminal, and
appellate procedure; 10) protection of economic liberties; 11)
positive social entitlements and state action; and, finally, 12)
constitutional guarantees of democracy. It concludes with ideas
that are of particular relevance to U.S. constitutional law.
Pedagogically, this casebook contains more cases and fewer law
review articles than competing books, making it teacher-friendly.
It can be taught in a three-day weekly format, in a two-day weekly
format, or in a once-a-week seminar format.
This document appendix and case supplement is designed for use with
Calabresi, Silverman, and Braver's The U.S. Constitution and
Comparative Constitutional Law: Texts, Cases, and Materials.
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