Interpreting constitutions : a comparative study

Type
Book
ISBN 10
0199226474 
ISBN 13
9780199226474 
LCCN
K3165 .G65 
Category
Comparative Study  [ Browse Items ]
Publication Year
2006 
Pages
xii, 353 pages 
Subject
Constitutional Law 
Abstract
"This book describes the constitutions of six major federations and how they have been interpreted by their highest courts. The study compares the interpretive methods that have guided the courts, and explores the reasons for major differences between these methods, looking to the different social, historical, institutional and political circumstances. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances." - from Amazon 
Description
Contents:
The United States : eclecticism in the service of pragmatism / Mark Tushnet -- Canada: from privy council to Supreme Court / Peter W. Hogg -- Australia: devotion to legalism / Jeffrey Goldsworthy -- Germany: balancing rights and duties / Donald P. Kommers -- India: from positivism to structuralism / S.P. Sathe -- South Africa: from constitutional promise to social transformation / Heinz Klug. 
Biblio Notes
Includes index.
Donated by Graham Price.
Catalogued by editor.  
Number of Copies

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