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Case Selection and Research Design in Comparative Constitutional Studies

Ran Hirschl

in Comparative Matters: The Renaissance of Comparative Constitutional Law

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198714514
eISBN:
9780191791215
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714514.003.0007
Subject:
Law, Comparative Law, Constitutional and Administrative Law

Comparative constitutional law’s methodological matrix is fuzzy and amorphous. A close look at social science methods suggests a toolkit of considerations to be addressed in conducting comparative ... More


Comparative Matters: The Renaissance of Comparative Constitutional Law

Ran Hirschl

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198714514
eISBN:
9780191791215
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714514.001.0001
Subject:
Law, Comparative Law, Constitutional and Administrative Law

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 ... More


How to Do Comparative Constitutional Law in India: Naz Foundation, Same Sex Rights, and Dialogical Interpretation

Sunil Khilnani, Vikram Raghavan, and Arun K. Thiruvengadam

in Comparative Constitutionalism in South Asia

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198081760
eISBN:
9780199082360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198081760.003.0003
Subject:
Law, Constitutional and Administrative Law

This chapter attempts to answer the following questions: how should Indian courts do comparative constitutional law? What precise role should comparative materials play in the interpretation of the ... More


From Comparative Constitutional Law to Comparative Constitutional Studies

Ran Hirschl

in Comparative Matters: The Renaissance of Comparative Constitutional Law

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198714514
eISBN:
9780191791215
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714514.003.0005
Subject:
Law, Comparative Law, Constitutional and Administrative Law

The chapter argues for an interdisciplinary approach to comparative constitutional inquiry that is methodologically and substantively preferable to doctrinal accounts. It suggests that for ... More


How Universal is Comparative Constitutional Law?

Ran Hirschl

in Comparative Matters: The Renaissance of Comparative Constitutional Law

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198714514
eISBN:
9780191791215
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714514.003.0006
Subject:
Law, Comparative Law, Constitutional and Administrative Law

This chapter addresses issues central to comparative constitutional law’s epistemological and methodological domain. First, the possibility of comparisons of constitutional law and institutions ... More


The View from the Bench: Where the Comparative Judicial Imagination Travels

Ran Hirschl

in Comparative Matters: The Renaissance of Comparative Constitutional Law

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198714514
eISBN:
9780191791215
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714514.003.0002
Subject:
Law, Comparative Law, Constitutional and Administrative Law

This chapter explores how constitutional courts and judges conceive of comparative constitutional law, what methods they use to engage with it, and how and why they vary in their approach. The ... More


Introduction: The C Word

Ran Hirschl

in Comparative Matters: The Renaissance of Comparative Constitutional Law

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198714514
eISBN:
9780191791215
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714514.003.0001
Subject:
Law, Comparative Law, Constitutional and Administrative Law

From its beginnings as a relatively obscure and exotic subject studied by a devoted few, comparative constitutionalism has developed into one of the more fashionable subjects in contemporary legal ... More


Introduction Introduction Reviving South Asian Comparative Constitutionalism

Sunil Khilnani, Vikram Raghavan, and Arun K. Thiruvengadam

in Comparative Constitutionalism in South Asia

Published in print:
2012
Published Online:
January 2013
ISBN:
9780198081760
eISBN:
9780199082360
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198081760.003.0001
Subject:
Law, Constitutional and Administrative Law

This chapter offers a brief overview of the debates, notable individuals, and institutions that have made vital contributions to comparative studies of South Asian constitutionalism. While South ... More


The Southern Turn in Comparative Constitutional Law: An Introduction

Philipp Dann, Michael Riegner, and Maxim Bönnemann

in The Global South and Comparative Constitutional Law

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198850403
eISBN:
9780191885426
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850403.003.0001
Subject:
Law, Constitutional and Administrative Law

This introductory chapter argues for and conceptualizes a ‘Southern turn’ in comparative constitutional law. It takes stock of existing scholarship on the Global South and comparative constitutional ... More


Introduction: The Socialist World in Comparative Constitutional Law

Ngoc Son Bui

in Constitutional Change in the Contemporary Socialist World

Published in print:
2020
Published Online:
September 2020
ISBN:
9780198851349
eISBN:
9780191885969
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198851349.003.0001
Subject:
Law, Constitutional and Administrative Law

This book seeks to fill the academic gap in the existing literature on comparative constitutional law by examining how and why five current socialist countries (China, Cuba, Laos, North Korea, and ... More


Early Engagements with the Constitutive Laws of Others: Lessons from Pre-Modern Religion Law

Ran Hirschl

in Comparative Matters: The Renaissance of Comparative Constitutional Law

Published in print:
2014
Published Online:
September 2014
ISBN:
9780198714514
eISBN:
9780191791215
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198714514.003.0003
Subject:
Law, Comparative Law, Constitutional and Administrative Law

Many purportedly new debates in comparative constitutional law have early equivalents, some dating back over two millennia. The chapter examines pre-modern religion law and the birth of two concepts ... More


Introduction: The Path to Transformation

Katharine G. Young

in Constituting Economic and Social Rights

Published in print:
2012
Published Online:
September 2012
ISBN:
9780199641932
eISBN:
9780191746086
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641932.003.0001
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

This chapter introduces the conceptual framework of constituting rights, as a way to address the challenges of pluralism, of law-making by collectivities and of law-making by counter-majoritarian ... More


Introduction: Constitutional Theory and Political Philosophy

Christoph Möllers

in The Three Branches: A Comparative Model of Separation of Powers

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199602117
eISBN:
9780191747663
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199602117.003.0001
Subject:
Law, Constitutional and Administrative Law, Philosophy of Law

This introductory chapter sets out the book's purpose, which is to develop a systematic link between a model of normative political theory and the organization of public action, based on the idea of ... More


The Sound of Constitutional Silence

Ran Hirschl

in City, State: Constitutionalism and the Megacity

Published in print:
2020
Published Online:
August 2020
ISBN:
9780190922771
eISBN:
9780190922801
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190922771.003.0002
Subject:
Law, Constitutional and Administrative Law

This chapter examines four introductory dimensions of the political and constitutional discourse around cities. The first is the tremendous interest in cities throughout much of the human sciences as ... More


Understanding Constitutional Foreign Policy Objectives: Insights from Comparative Constitutional Law

Joris Larik

in Foreign Policy Objectives in European Constitutional Law

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198736394
eISBN:
9780191799976
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736394.003.0002
Subject:
Law, EU Law, Public International Law

This chapter uses a comparative approach to develop a common understanding of foreign policy objectives as norms of constitutional law, drawing on the German doctrine of Staatszielbestimmungen, ... More


Facing South: On the Significance of An/Other Modernity in Comparative Constitutional Law

Florian Hoffmann

in The Global South and Comparative Constitutional Law

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198850403
eISBN:
9780191885426
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850403.003.0002
Subject:
Law, Constitutional and Administrative Law

The idea and the reality of the Global South represent different types of epistemological challenges to the disciplinary identity of comparative (constitutional) law. Taking the Global South ... More


Foreign Policy Objectives in European Constitutional Law

Joris Larik

Published in print:
2016
Published Online:
June 2016
ISBN:
9780198736394
eISBN:
9780191799976
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198736394.001.0001
Subject:
Law, EU Law, Public International Law

Constitutions do not merely address the salus populi anymore, the welfare of the people, but increasingly exhibit international ambitions. This is true in particular for the EU Treaties as the EU’s ... More


Human Rights and Constitutional Law: Patterns of Mutual Validation and Legitimation

Samantha Besson

in Philosophical Foundations of Human Rights

Published in print:
2015
Published Online:
June 2015
ISBN:
9780199688623
eISBN:
9780191768101
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199688623.003.0016
Subject:
Law, Human Rights and Immigration, Philosophy of Law

International human rights law and constitutional rights law have distinct albeit complementary functions. This chapter attempts to clarify those respective and complementary functions of ... More


Comparing as (Re-)Imagining: Southern Perspective and the World of Constitutions

Zoran Oklopcic

in The Global South and Comparative Constitutional Law

Published in print:
2020
Published Online:
November 2020
ISBN:
9780198850403
eISBN:
9780191885426
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198850403.003.0004
Subject:
Law, Constitutional and Administrative Law

The chapter reflects on the question of what a Third World ‘approach’ to comparative constitutional law might ‘look’ like. What this question effectively asks is, in other words, how should we ... More


Social and economic rights in the Irish courts and the potential for constitutionalisation

Claire-Michelle Smyth

in Judges, politics and the Irish Constitution

Published in print:
2017
Published Online:
September 2017
ISBN:
9781526114556
eISBN:
9781526124241
Item type:
chapter
Publisher:
Manchester University Press
DOI:
10.7228/manchester/9781526114556.003.0018
Subject:
Law, Legal History

Claire Michelle Smyth’s chapter examines the question of socio-economic rights in the Irish Constitution. She argues that it is possible to identify the avenues for constitutionalisation of ... More


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