Edited by Gary Jacobsohn and Miguel Schor
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.
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- Comparative Constitutional Theory
- Chapter 1: Introduction: the comparative turn in constitutional theory
- Chapter 2: What is judicial supremacy?
- Chapter 3: Federalism and constitutional theory
- Chapter 4: Theoretical underpinnings of separation of powers
- Chapter 5: Constitutional dialogue and judicial supremacy
- Chapter 6: Judicial dialogue and fundamental rights in the European Union: a quest for legitimacy
- Chapter 7: Parliamentary bills of rights: have they altered the norms for legislative decision-making?
- Chapter 8: Social rights in comparative constitutional theory
- Chapter 9: Human dignity and its critics
- Chapter 10: The counter-majoritarian thesis
- Chapter 11: Legal pragmatism and comparative constitutional law
- Chapter 12: Beyond the principle of proportionality
- Chapter 13: Text and textualism: religious establishment in the United States Supreme Court and the European Court of Human Rights
- Chapter 14: Reception, context and identity: a theory of cross-national jurisprudence
- Chapter 15: “We the people”, “oui, the people” and the collective body: perceptions of constituent power
- Chapter 16: Amendment theory and constituent power
- Chapter 17: Anchoring and sailing: contrasting imperatives of constitutional revolution
- Chapter 18: Theorising about formal constitutional change: the case of Latin America
- Chapter 19: Transitional justice, transitional constitutionalism and constitutional culture
- Chapter 20: The unwritten constitution
- Chapter 21: Militant democracy and constitutional identity
- Chapter 22: Some notes on inclusive constitution-making, citizenship and civic constitutionalism
- Chapter 23: Race and American constitutional exceptionalism
- Chapter 24: Constitutional dissonance in China
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Chapter 1: Introduction: the comparative turn in constitutional theory
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