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Comparative Constitutional Theory

Edited by Gary Jacobsohn, Department of Government, The University of Texas at Austin and Miguel Schor, Drake University Law School, US
The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.
Extent: c 552 pp
Hardback Price: $290.00 Web: $261.00
Publication Date: February 2018
ISBN: 978 1 78471 912 8
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  • Law - Academic
  • Comparative Law
  • Constitutional and Administrative Law
  • Politics and Public Policy
  • Constitutions
The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays.

The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.

Scholars around the globe will be interested in this book’s unique discussion of comparative constitutional theory, and students and college professors will appreciate the accessibility of the chapters and the placement of the United States in comparative focus.
‘Masterfully curated by Gary Jacobsohn and Miguel Schor, this unique collection features new essays by many of the most insightful comparative constitutional scholars writing today. Comparative Constitutional Theory advances our understanding of how people living in different political settings conceptualize and address constitutional dilemmas that are common to most modern political systems. It is a handbook that every serious student of comparative constitutionalism should read.’
– Ran Hirschl, University of Toronto, Canada

Contributors include: W.-C. Chang, J.I. Colón-Riós, V. Ferreres Comella, J.E. Finn, S. Gardbaum, M.A. Graber, G. Halmai, J. Hiebert, G. Jacobsohn, J. King, H. Klug, D. Landau, D.S. Law, J. McLean, J.-W. Müeller, D. Robertson, Y. Roznai, C. Saunders, M. Schor, H. Schweber, S. Tierney, A. Torres Pérez, M. Tushnet, J. Weinrib











Contents:

1. Introduction: The Comparative Turn in Constitutional Theory
Gary Jacobsohn and Miguel Schor

PART I CONSTITUTIONAL STRUCTURES AND RIGHTS
2. What is Judicial Supremacy?
Stephen Gardbaum

3. Federalism and Constitutional Theory
Stephen Tierney

4. Theoretical Underpinnings of Separation of Powers
Cheryl Saunders

5. Constitutional Dialogue and Judicial Supremacy
Miguel Schor

6. Judicial Dialogue and Fundamental Rights in the European Union: A Quest for Legitimacy
Aida Torres Pérez

7. Parliamentary Bills of Rights: Have They Altered the Norms for Legislative Decision-Making?
Janet Hiebert

8. Social Rights in Comparative Constitutional Theory
Jeff King

9. Human Dignity and its Critics
Jacob Weinrib

PART II CONSTITUTIONAL INTERPRETATION
10. The Counter-Majoritarian Thesis
David Robertson

11. Legal Pragmatism and Comparative Constitutional Law
David Landau

12. Beyond the Principle of Proportionality
Victor Ferreres Comella

13. Text and Textualism: Establishment in the United States Supreme Court and the European Court of Human Rights
Howard Schweber

14. Reception, Context, and Identity: A Theory of Cross-National Jurisprudence
Heinz Klug

PART III CONSTITUTIONAL CHANGE
15. ‘We the People’, ‘Oui, the People’, and the Collective Body: Perceptions of Constituent Power
Yaniv Roznai

16. Amendment Theory and Constituent Power
Mark Tushnet

17. Anchoring and Sailing: Contrasting Imperatives of Constitutional Revolution
Gary Jacobsohn

18. Theorizing About Formal Constitutional Change: The Case of Latin America
Joel I. Colón-Riós

19. Transitional Justice, Transitional Constitutionalism, and Constitutional Culture
Gá’bor Halmai

PART IV ISSUES IN CONSTITUTIONALISM
20. The Unwritten Constitution
Janet McLean

21. Militant Democracy and Constitutional Identity
Jan-Werner Müeller

22. Some Notes on Inclusive Constitution Making, Citizenship, and Civic Constitutionalism
John E. Finn

23. Race and American Constitutional Exceptionalism
Mark A. Graber

24. Chinese Constitutionalism: An Oxymoron?
Wen-Chen Chang and David S. Law

Index