Comparative matters : the renaissance of comparative constitutional law (eBook, 2016) [WorldCat.org]
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Comparative matters : the renaissance of comparative constitutional law
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Comparative matters : the renaissance of comparative constitutional law

Author: Ran Hirschl
Publisher: [Oxford] : Oxford University Press, [2016]
Edition/Format:   eBook : Document : EnglishView all editions and formats
Summary:
Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide accept that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect, as a method and a project, remains under-theorized and blurry. Fundamental questions  Read more...
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Additional Physical Format: Print version :
Material Type: Document, Internet resource
Document Type: Internet Resource, Computer File
All Authors / Contributors: Ran Hirschl
ISBN: 9780191799297 0191799297 9780198714514 0198714513 0191023892 9780191023897 0198714521 9780198714521 0191791210 9780191791215 0191023884 9780191023880
OCLC Number: 971036499
Language Note: English.
Description: 1 online resource
Contents: Cover; Comparative Matters: The Renaissance of ComparativeConstitutional Law; Copyright; Acknowledgments; Contents; List of Abbreviations; Introduction: The C Word; Structure of the book: what drives comparative constitutional inquiry and how are we to study it?; 1: The View from the Bench: Where the Comparative JudicialImagination Travels; The empirical dimension: what is actually known about patterns of foreign reference?; The identity construction factor: Israel as a test case; Similar trends elsewhere; Conclusion 2: Early Engagements with the Constitutive Laws of Others: Lessons from Pre-Modern Religion LawSurviving the laws of others; The social and political context of external engagements; Conclusion; 3: Engaging the Constitutive: Laws of Others: Necessities, Ideas, Interests; Bodin, Selden, and other pioneers; Montesquieu as a comparativist; Bolívar and other 19th-century innovators; Two present-day primers: Canada and theUnited States; Conclusion; 4: From Comparative Constitutional Law to Comparative Constitutional Studies; Why look to the social sciences?; (i) Theories of judicial behavior (Ii) Why the rise of constitutionalism and judicial review?(iii) Constitutional design as political science; (iv) The actual effects of jurisprudence: social rights as a parable; (v) Comparative constitutional law's amorphous methodological matrix; Conclusion; 5: How Universal is Comparative Constitutional Law?; A few existential tensions; The "World Series" syndrome and the "global south" critique; (i) The "global south" critique; (ii) Unraveling the "global south" critique; 6:Case Selection and Research Design in Comparative Constitutional Studies Modes of comparative inquiry in constitutional lawPrinciples of case selection in inference-oriented small-N comparative studies; (i) The "most similar cases" principle; (ii) The "most different cases" principle; (iii) The "prototypical cases" principle; (iv) The "most difficult case" principle; (v) The "outlier cases" principle; The emergence of "large-N" and "multi-method" studies in comparative constitutionalism; Conclusion; Epilogue: Comparative Constitutional Law, Quo Vadis?; Table of Cases; Index
Responsibility: Ran Hirschl.

Abstract:

Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide accept that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. The author addresses this gap by charting the intellectual history of constitutional thought and the analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, epistemology, and methodologies of engagement with the constitutive laws of others through the ages.

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