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The Migration of Constitutional Ideas - Sujit Choudhry

The Migration of Constitutional Ideas

By: Sujit Choudhry (Editor)

Paperback Published: 21st July 2011
ISBN: 9780521173476
Number Of Pages: 460

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The migration of constitutional ideas across jurisdictions is rapidly emerging as one of the central features of contemporary constitutional practice. The increasing use of comparative jurisprudence in interpreting constitutions is one example of this. In this book, leading figures in the study of comparative constitutionalism and comparative constitutional politics from North America, Europe and Australia discuss the dynamic processes whereby constitutional systems influence each other. They explore basic methodological questions which have thus far received little attention, and examine the complex relationship between national and supranational constitutionalism - an issue of considerable contemporary interest in Europe. The migration of constitutional ideas is discussed from a variety of methodological perspectives - comparative law, comparative politics, and cultural studies of law - and contributors draw on case-studies from a wide variety of jurisdictions: Australia, Hungary, India, South Africa, the United Kingdom, the United States, and Canada.

Review of the hardback: 'This superb volume will be widely read and cited - by comparative lawyers, international lawyers, scholars of socio-legal studies, and political scientists.' Michael Byers, Canada Research Chair in Global Politics and International Law, University of British Columbia
Review of the hardback: 'It has become a cliche to refer to globalization and the increasing international influences on domestic constitutional law; but cliches are not scholarship. The Migration of Constitutional Ideas brings together an outstanding collection of articles by international and interdisciplinary scholars who offer both greater conceptual clarity and much useful empirical data. No one interested in the topic can afford to ignore this book.' Sanford Levinson, University of Texas Law School and Department of Government; Co-editor of Constitutional Stupidities, Constitutional Tragedies (1998)
Review of the hardback: 'Under Sujit Choudhry's artful guidance, the contributors to The Migration of Constitutional Ideas have produced a remarkably coherent volume that will be indispensable to constitutional scholars and policymakers everywhere. The essays not only give a snapshot of the global state of constitutional thought today, they take on the hard normative questions of right and wrong that are so pressing as new constitutions are written and old ones put under pressure in the post 9/11 world. This is comparative law the way it was meant to be - with a keen eye for discerning the inner life of constitutional ideas on the move.' Noah Feldman, Professor of Law, New York University School of Law

List of contributorsp. vii
Acknowledgementsp. ix
Migration as a new metaphor in comparative constitutional lawp. 1
The methodology of comparativismp. 37
On the blurred methodological matrix of comparative constitutional lawp. 39
Some reflections on method in comparative constitutional lawp. 67
The postwar paradigm and American exceptionalismp. 84
Convergence toward a liberal democratic model?p. 113
Questioning the migration of constitutional ideas: rights, constitutionalism and the limits of convergencep. 115
Spreading liberal constitutionalism: an inquiry into the fate of free speech rights in new democraciesp. 142
Underlying principles and the migration of reasoning templates: a trans-systemic reading of the Quebec Secession Referencep. 178
Migrating marriages and comparative constitutionalismp. 209
Comparative constitutional law, international law and transnational governancep. 231
Inimical to constitutional values: complex migrations of constitutional rightsp. 233
Democratic constitutionalism encounters international law: terms of engagementp. 256
Constitution or model treaty? Struggling over the interpretive authority of NAFTAp. 294
The migration of constitutional ideas and the migration of the constitutional idea: the case of the EUp. 316
Comparative constitutional law in action - constitutionalism post 9/11p. 345
The migration of anti-constitutional ideas: the post-9/11 globalization of public law and the international state of emergencyp. 347
The post-9/11 migration of Britain's Terrorism Act 2000p. 374
'Control systems' and the migration of anomaliesp. 403
Indexp. 431
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780521173476
ISBN-10: 0521173477
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 460
Published: 21st July 2011
Publisher: Cambridge University Press
Country of Publication: GB
Dimensions (cm): 22.9 x 15.2  x 2.6
Weight (kg): 0.67