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Jackson, Tushnet, and their contributors, distinguished jurists and legal scholars from around the world, seek to define the field of constitutional law, sometimes expressly but more often by illustrating the way in which each writer thinks about comparative constitutional law. Viewed as a whole, the collection points to common constitutional themes even though how nations responded to these issues differed substantially based on different histories, traditions, and experiences.
Three common themes emerge from the essays. First discussed are the relationships of constitutionalism and constitutional law to popular understandings and political contexts and their relationship to constitutional understandings and transformations. A second set of concerns revolve around dilemmas of equality. Third, explicit or implicit in virtually all of the essays is the theme that globalization as a phenomenon requires comparative constitutional study. Here is a thoughtful and stimulating collection that will be of value to legal scholars, students, and others involved with constitutional law issues.
- Table of Contents
Foreword by William H. Rehnquist
European Integration and the Ideal of the Common Good by Winfried Brugger
The Shaping of a New Democracy Within the Context of Tradition: Equality and the Respect for Diversity by D. M. Davis
Reflections on Continental European Public Law in the Tradition of Hobbes and Napoleon by Thomas Fleiner
The Right to Freedom of Religion and Secularism in the Indiana Constitution by Ratna Kapur
Uses Americans Might Make of Foreign Constitutional Case Law by Donald P. Kommers
Judicial Systems: Challenges for the Twenty-First Century by Roberto G. MacLean
The United Kingdom Human Rights Act, 1998 by Geoffrey Marshall
Constitutional Development: The African Experience by Dullah Omar
Comparative Constitutional Law in an Age of Economic Globalization by David Schneiderman
Modern Constitutional Developments in the Arab World: The Case of Judicial Review in Egypt and Its Impact on Other Arab Countries by Adel Omar Sherif
Why Do We Study Constitutional Laws of Foreign Countries, and How? by Kazuyuki Takahashi
A European Perspective: Economic and Social Rights in the French Constitution by Jean-Pierre Theron
Constitutional Conceptions and Constitutional Comparativism by Lorraine E. Weinrib
For Further Reading
Defining the Field of Comparative Constitutional Law is an important contribution to a rich tradition of public law scholarship on courts and constitutions in comparative perpective.