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Vol 21 No 10 Oct/Nov 2016

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Constitutional Engagement in a Transnational Era


ISBN13: 9780199934690
Published: June 2013
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Paperback (Hardback in 2009)
Price: £32.49
Hardback edition , ISBN13 9780195333442



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Constitutional law in the United States and around the world now operates within an increasingly transnational legal environment of international treaties, customary international law, supranational infrastructures of human rights and trade law, and growing comparative judicial awareness. This new environment is reflected in increasing cross-national references in constitutional court decisions around the world. The constellation of legal orders in which established constitutional regimes operate has changed - there are more bodies generating law, more international legal sources, and more multi-national interactions that bring into view various legal orders. How do these transnational phenomena affect our understanding of the role of constitutions and of courts in deciding constitutional cases?

Constitutional Engagement in a Transnational Era explores this question, looking at constitutional court decisions from around the world, and identifying postures of resistance, convergence or engagement with international and foreign law. For the United States, the book argues for cautious engagement by the Supreme Court with transnational sources of law in interpreting the national constitution. Constitutional Engagement in a Transnational Era offers law school students and professors an authoritative study of comparative constitutional law by one of the most important scholars of domestic and comparative constitutional law. The book defines how international comparative experiences are relevant to constitutional analysis and discusses in detail the multiple possible connections between international law and constitutional law including a comparative overview of constitutional law in Australia, Canada, France, Germany, India, Israel, South Africa, the United Kingdom, and the United States.

Subjects:
Other Jurisdictions , USA
Contents:
ACKNOWLEDGMENTS AND PERMISSIONS
A NOTE TO READERS ON CITATIONS AND ABBREVIATIONS
INTRODUCTION: CONSTITUTIONAL COSMOLOGY - CONVERGENCE, RESISTANCE, AND ENGAGEMENT
CHAPTER 1: RESISTING THE TRANSNATIONAL
CHAPTER 2: CONVERGENCE WITH THE TRANSNATIONAL
CHAPTER 3: ENGAGEMENT WITH THE TRANSNATIONAL
CHAPTER 4: CONSTITUTIONAL ADJUDICATION IN THE U.S. SUPREME COURT: WHY ENGAGE THE TRANSNATIONAL?
CHAPTER 5: ENGAGEMENT, U.S. INTERPRETIVE THEORY, AND MULTIFUNCTIONAL
CONSTITUTIONS
CHAPTER 6: ENGAGING THE TRANSNATIONAL: A CONTEXTUAL FRAMEWORK
CHAPTER 7: ENGAGEMENT, EQUALITY, AND OLDER CONSTITUTIONS
CHAPTER 8: CONSTITUTIONAL PARTICULARITIES, FEDERALISM, AND THE TRANSNATIONAL
CHAPTER 9: CONSTITUTIONS AS MEDIATING INSTITUTIONS, TRANSNATIONAL CONSTITUTIONAL VALUES, AND ENGAGEMENT IN TWENTY-FIRST CENTURY CONSTITUTIONAL INTERPRETATION
NOTES
TABLE OF CASES
INDEX