The Oxford Handbook of Comparative Constitutional Law: (Oxford Handbooks)

The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court.The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory.Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.

Table of Contents:
Part I: History, Methodology, and Typology 1: Comparative Constitutional Law: A Contested Domain a: Armin von Bogdandy: Comparative Constitutional Law: A Continental Perspective b: Michel Rosenfeld: Comparative Constitutional Analysis in United States Adjudication and Scholarship 2: Vicki Jackson: Comparative Constitutional Law: Methodologies 3: Peer Zumbansen: Carving out Typologies and Accounting for Differences Across Systems: Towards a Methodology of Transnational Constitutionalism 4: Dieter Grimm: Types of Constitutions 5: Li-ann Thio: Constitutionalism in Illiberal Polities 6: Arun Thiruvengadam and Gedion Hessebon: Constitutionalism and Impoverishment: A Complex Dynamic 7: Stephen Gardbaum: The Place of Constitutional Law in the Legal System Part II: Ideas 8: Stephen Holmes: Constitutions and Constitutionalism 9: Mark Tushnet: Constitution 10: Martin Krygier: Rule of Law 11: Günter Frankenberg: Democracy 12: Olivier Beaud: Conceptions of the State 13: Robert Alexy: Rights and Liberties as Concepts 14: Frank Michelman: Constitutions and the Public Private Divide 15: Janos Kis: State Neutrality 16: Roberto Gargarella: The Constitution and Justice 17: Michel Troper: Sovereignty 18: Matthias Mahlmann: Carving out the Essence of Humanity: Human Dignity and Autonomy in Modern Constitutional Orders 19: Catharine Mackinnon: Gender and the Constitution Part III: Process 20: Claude Klein and András Sajó: Constitution-Making as a Process 21: David Dyzenhaus: States of Emergency 22: Yasuo Hasebe: War Powers 23: Susanna Mancini: Secession and Self-Determination 24: Laurence Morel: Referendum 25: Richard Pildes: Elections Part IV: Architecture 26: Jenny Martinez: Horizontal Structuring 27: Daniel Halberstam: Federalism: Theory, Policy, Law 28: Sergio Bartole: Internal Ordering in the Unitary State 29: Héctor Fix-Fierro and Pedro Salazar-Ugarte: Presidentialism 30: Anthony W. Bradley and Cesare Pinelli: Parliamentarism 31: Susan Rose-Ackerman: The Regulatory State Part V: Meanings/Textures 32: Jeffrey Goldsworthy: Constitutional Interpretation 33: Bernhard Schlink: Proportionality (1) 34: Aharon Barak: Proportionality (2) 35: Michel Rosenfeld: Constitutional Identity 36: Gary Jeffrey Jacobsohn: Constitutional Values and Principles Part VI: Institutions 37: Juliane Kokott and Martin Kaspar: Ensuring Constitutional Efficacy 38: Alec Stone Sweet: Constitutional Courts 39: Roderick A MacDonald and Hoi Kong: Judicial Independence as a Constitutional Virtue 40: Daniel Smilov: The Judiciary: The Least Dangerous Branch? 41: Cindy Skach: Political Parties and the Constitution Part VII: Rights 42: Eric Barendt: Freedom of Expression 43: András Sajó and Renáta Uitz: Freedom of Religion 44: Richard Vogler: Due Process 45: Ulrich Preuss: Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association), 46: Manuel Jose Cepeda Espinosa: Privacy 47: Susanne Baer: Equality 48: Ayelet Shachar: Citizenship 49: Dennis Davis: Socio-Economic Rights 50: K D Ewing: Economic Rights Part VIII: Overlapping Rights 51: Reva Siegel: (The Rights to the Freedoms of Petition, Assembly, and Association), 52: Kenji Yoshino and Michael Kavey: Immodest Claims and Modest Contributions: Sexual Orientation in Comparative Constitutional Law 53: Sujit Choudhry: Group Rights in Comparative Constitutional Law: Culture, Economics, or Political Power? 54: Daniel Sabbagh: Affirmative Action 55: Judit Sándor: Bioethics and Basic Rights: Persons, Humans and Boundaries of Life Part IX: Trends 56: Wen-Chen Chang and Jiunn-Rong Yeh: Internationalization of Constitutional Law 57: Neil Walker: The EU's Unresolved Constitution 58: Erika de Wet: The Constitutionalization of Public International Law 59: Dean Spielmann: ECtHR Jurisprudence and the Constitutional Systems of Europe 60: Jan-Werner Müller: Militant Democracy 61: Juan Mendez: Constitutionalism and Transitional Justice 62: Chibli Mallat: Islam and the Constitutional Order 63: Vlad Perju: Constitutional Transplants, Borrowing, and Migrations 64: Gabor Halmai: The Use of Foreign Law in Constitutional Interpretation

About the Author :
Michel Rosenfeld is the Justice Sydney L. Robins Professor of Human Rights at the Benjamin N. Cardozo School of Law, where he is also Director of the Program on Global and Comparative Constitutional Theory. He is the co-editor-in-chief of International Journal of Constitutional Law and the author or co-editor of numerous books, including Law, Justice, Democracy, and the Clash of Cultures: A Pluralist Account (2010) and The Identity of the Constitutional Subject: Selfhood, Citizenship, Culture and Community (2009). Professor Rosenfeld is the recipient of the French government's highest and most prestigious award, the Legion of Honour. András Sajó is a judge at the European Court of Human Rights, Strasbourg. He is also a University Professor at CEU and Global Visiting Professor of Law at New York University Law School. Professor Sajó was the founding dean of Legal Studies at CEU. He is the author or editor of numerous books, including, with Michel Rosenfeld, Norman Dawson, and Susanne Baer, Comparative Constitutions: Cases and Materials (2003).