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Interpreting Constitutions
A Comparative Study
Jeffrey Goldsworthy
384 pages
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234x156mm
978-0-19-927413-0
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Hardback
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09 February 2006
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- International comparative approach to federal constitutional jurisprudence, looking at 6 major jurisdictions: Australia, Canada, Germany, India, South Africa, United States
- Contributions from leading authorities from each jurisdction, covering different interpretative approaches, including textualism, purposivism, structuralism and originalism
- Comparative reference to different social, historical, institutional and political circumstances sets analysis in context
This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles.
Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers
(Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances. Readership: Constitutional lawyers, comparative lawyers, political theorists and historians.
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Jeffrey Goldsworthy, Professor of Law, Monash University Contributors:
Jeffrey Goldsworthy (Australia)
Peter Hogg (Canada)
Donald Kommers (Germany)
S.P. Sathe (India)
Heinz Klug (South Africa)
Mark Tushnet (United States).
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1: Introduction
2: Mark Tushnet: United States: Eclecticism In the Service of Pragmatism
3: Peter Hogg: Canada: From Privy Council to Supreme Court
4: Jeffrey Goldsworthy: Australia: Devotion to Legalism
5: Donald Kommers: Germany: Balancing Rights and Duties
6: S.P. Sathe: India: From Positivism to Structuralism
7: Heinz Klug: South Africa: From Constitutional Promise to Social Transformation
8: Conclusions
Index
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