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The Migration of Constitutional Ideas
By
Sujit Choudhry
Description
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.
• Whereas existing works on 9/11
tend to focus on the responses of single jurisdictions, and at best
suggest how the experiences of other jurisdictions ought to be drawn
upon, this book attempts to link the myriad legal responses to 9/11
across a large number of jurisdictions to the study of the movement
of constitutional ideas that has taken place • Draws on case
studies from a wide variety of jurisdictions - Australia, Hungary,
India, South Africa, the US, the UK and Canada - to illustrate how
constitutional systems influence each other • Devotes several
chapters to exploring basic methodological questions which have thus
far received insufficient attention, and addresses these from a
variety of methodological perspectives
Contents
1. Migration as a new metaphor in
comparative constitutional law Sujit Choudhry; Part I. The
Methodology of Comparativism: 2. On the blurred methodological matrix
of comparative constitutional law Ran Hirschl; 3. Some reflections on
method in comparative constitutional law Mark Tushnet; 4. The postwar
paradigm and American exceptionalism Lorraine Weinrib; Part II.
Convergence Toward a Liberal Democratic Model?: 5. Questioning the
migration of constitutional ideas: rights, constitutionalism and the
limits of convergence Jeff Goldsworthy; 6. Spreading liberal
constitutionalism: an inquiry into the fate of free speech rights in
new democracies Andras Sajo and Michel Rosenfeld; 7. Underlying
principles and the migration of reasoning templates: a trans-systemic
reading of the Québec Secession Reference Jean-François
Gaudreault-Desbiens; 8. Migrating marriages and comparative
constitutionalism Brenda Cossman; Part III. Comparative
Constitutional Law, International Law and Transnational Governance:
9. Inimical to constitutional values: complex migrations of
constitutional rights Mayo Moran; 10. Democratic constitutionalism
encounters international law: terms of engagement Mattias Kumm; 11.
Constitution or model treaty? Struggling over the interpretive
authority of NAFTA David Schneiderman; 12. The migration of
constitutional ideas and the migration of the constitutional idea:
the case of the EU Neil Walker; Part IV. Comparative Constitutional
Law in Action - Constitutionalism Post 9/11: 13. The migration of
anti-constitutional ideas: the post-9/11 globalization of public law
and the international state of emergency Kim Scheppele; 14. The
post-9/11 migration of Britain\\\'s Terrorism Act 2000 Kent Roach; 15.
Control systems and the migration of anomalies Oren Gross.
Reviews
‘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
‘It has become a cliché to
refer to globalization and the increasing international influences on
domestic constitutional law; but clichés 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)
‘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
Contributors
Sujit Choudhry, Ran Hirschl, Mark
Tushnet, Lorraine Weinrib, Jeff Goldsworthy, Andras Sajo, Michel
Rosenfeld, Jean-François Gaudreault-Desbiens, Brenda Cossman,
Mayo Moran, Mattias Kumm, David Schneiderman, Neil Walker, Kim
Scheppele, Kent Roach, Oren Gross
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