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Vol 22 No 5 May/June 2017

Book of the Month

Cover of Arlidge, Eady & Smith on Contempt

Arlidge, Eady & Smith on Contempt

Edited by: Patricia Londono, David Eady, A.T.H. Smith, Rt. Hon Lord Eassie
Price: £319.00

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An Inquiry into the Existence of Global Values: Through the Lens of Comparative Constitutional Law

Edited by: Dennis Davis, Alan Richter, Cheryl Saunders

ISBN13: 9781841138558
Published: July 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £85.00
Paperback edition not yet published, ISBN13 9781509917709



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The world appears to be globalising economically, technologically and even, to a halting extent, politically. This process of globalisation raises the possibility of an international legal framework, a possibility which has gained pressing relevance in the wake of the recent global economic crisis. But for any international legal framework to exist, normative agreement between countries, with very differing political, economic, cultural and legal traditions, becomes necessary.

This work explores the possibility of such a normative agreement through the prism of national constitutional norms. Since 1945, more than a hundred countries have adopted constitutional texts which incorporate, at least in part, a Bill of Rights. These texts reveal significant similarities; the Canadian Charter of Rights and Freedoms, for instance, had a marked influence on the drafting of the Bill of Rights for South Africa, New Zealand and Hong Kong as well as the Basic Law of Israel. Similarly, the drafts of Eastern European constitutions reflect significant borrowing from older texts.

The essays in this book examine the depth of these similarities, in particular the extent to which textual borrowings are extended to the development of foundational values in these different national legal systems and the extent of the similarities or differences between these values and the priorities accorded to them. From these national studies the work analyses the rise of constitutionalism since WWII, and charts the possibility of a consensus of values which might plausibly underpin an effective and legitimate international legal order.

Subjects:
Constitutional and Administrative Law
Contents:
1. Introduction Dennis Davis, Alan Richter and Cheryl Saunders
2. Values in Australian Constitutionalism Cheryl Saunders and Megan Donaldson
3. Global Values and Local Realities: Brazilian Constitutional Law Fabio Carvalho Leite and Florian F Hoffmann
4. Canada Lorraine E Weinrib
5. Constitutions and Values in Three Chinese Societies Albert HY Chen
6. Human Dignity, Individual Rights and Equality: The Core Values of the Finnish Constitutional Act Martta October and Riikka Salonen
7. Constitutional and Legal Framework for Rights Protection in France Michel Troper
8. Values in German Constitutional Law Dieter Grimm
9. Crafting Constitutional Values: An Examination of the Supreme Court of India Menaka Guruswamy
10. Values in Iranian Constitutional Law Nazila Ghanea
11. Global Values and Local Realities: The Case of Israeli Constitutional Law Aeyal M Gross
12. Japan Yasuo Hasebe
13. Values in the South African Constitution Catherine Albertyn
14. Values in the UK Constitution Jeffrey Jowell and Colm O'Cinneide
15. Global Constitutional Values in the United States Ruti Teitel
16. Global Values in the Venezuelan Constitution: Some Prioritisations and Several Incongruences Allan R Brewer-Carias
17. Conclusion Dennis Davis, Alan Richter and Cheryl Saunders

Series: Hart Studies in Comparative Public Law

Trial by Jury and Counter-Terrorism ISBN 9781849465397
To be published June 2018
Hart Publishing
£65.00
Human Rights in the UK and the Influence of Foreign Jurisprudence ISBN 9781509904945
To be published February 2018
Hart Publishing
£55.00
Entick v Carrington: 250 Years of the Rule of Law ISBN 9781509918324
To be published October 2017
Hart Publishing
£29.99
Comparative Federalism: Constitutional Arrangements and Case Law ISBN 9781509901494
To be published September 2017
Hart Publishing
£80.00
The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781509917044
To be published July 2017
Hart Publishing
£27.99
The Right to Freedom of Assembly: A Comparative Study ISBN 9781509916016
To be published June 2017
Hart Publishing
£32.99
Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781509915453
To be published June 2017
Hart Publishing
£34.99
The Foundations and Traditions of Constitutional Amendment ISBN 9781509908257
To be published June 2017
Hart Publishing
£95.00
The Federal Idea: Public Law Between Governance and Political Life
Edited by: Amnon Lev
ISBN 9781509907113
To be published June 2017
Hart Publishing
£70.00
Constitutional Courts, Gay Rights and Sexual Orientation Equality ISBN 9781782256427
Published March 2017
Hart Publishing
£65.00
£54.16 + £10.83 VAT
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Principled Reasoning in Human Rights Adjudication ISBN 9781782259817
Published February 2017
Hart Publishing
£65.00
Principled Reasoning in Human Rights Adjudication (eBook) ISBN 9781782259824
Published February 2017
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£54.16 + £10.83 VAT
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£58.33 + £11.66 VAT
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£70.00
Legitimate Expectations in the Common Law World (eBook) ISBN 9781509909506
Published November 2016
Hart Publishing
£66.66 + £13.33 VAT
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Legitimate Expectations in the Common Law World ISBN 9781849467780
Published November 2016
Hart Publishing
£80.00
Soft Law and Public Authorities: Remedies and Reform ISBN 9781782256885
Published February 2016
Hart Publishing
£65.00
Soft Law and Public Authorities: Remedies and Reform (eBook) ISBN 9781782256892
Published February 2016
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£62.49 + £12.50 VAT
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Administrative Law and Judicial Deference ISBN 9781849462778
Published January 2016
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£65.00
Administrative Law and Judicial Deference (eBook) ISBN 9781782253365
Published January 2016
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£54.16 + £10.83 VAT
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Entick v Carrington: 250 Years of the Rule of Law ISBN 9781849465588
Published September 2015
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£60.00
Entick v Carrington: 250 Years of the Rule of Law (eBook) ISBN 9781509901944
Published September 2015
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£45.82 + £9.17 VAT
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The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow ISBN 9781849464680
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£65.00
The Right to Freedom of Assembly: A Comparative Study (eBook) ISBN 9781782259862
Published May 2015
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£27.49 + £5.50 VAT
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The Right to Freedom of Assembly: A Comparative Study ISBN 9781849467216
Published May 2015
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£68.00
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Parliaments and Human Rights: Redressing the Democratic Deficit ISBN 9781849465618
Published March 2015
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£75.00
Human Rights Acts: The Mechanisms Compared ISBN 9781849460965
Published January 2015
Hart Publishing
£38.99
The Use of Foreign Precedents by Constitutional Judges ISBN 9781849466592
Published June 2014
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£32.99
Constitutionalising Secession (eBook) ISBN 9781782253310
Published February 2014
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Constitutionalising Secession ISBN 9781849464376
Published February 2014
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£70.00
Israeli Constitutional Law in the Making (eBook) ISBN 9781782251859
Published October 2013
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£83.32 + £16.67 VAT
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Israeli Constitutional Law in the Making ISBN 9781849464093
Published October 2013
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The Use of Foreign Precedents by Constitutional Judges ISBN 9781849462716
Published March 2013
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The Use of Foreign Precedents by Constitutional Judges (eBook) ISBN 9781782251019
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