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.
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Describes the constitutions of six major federations and how they have been interpreted by their highest courts. This title compares the interpretive methods that have guided the courts, and explores the reasons for major differences between these methods.
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1. Introduction ; 2. United States: Eclecticism In the Service of Pragmatism ; 3. Canada: From Privy Council to Supreme Court ; 4. Australia: Devotion to Legalism ; 5. Germany: Balancing Rights and Duties ; 6. India: From Positivism to Structuralism ; 7. South Africa: From Constitutional Promise to Social Transformation ; 8. Conclusions ; Index
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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
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Jeffrey Goldsworthy holds a Personal Chair at Monash University. His major interests are legal philosophy, and constitutional law, theory, and history. He has numerous publications in these fields, and is best known for his book "The Sovereignty of Parliament, History and Philosophy" (Clarendon Press, Oxford, 1999), and many journal articles on constitutional interpretation.
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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
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Product details

ISBN
9780199274130
Published
2006
Publisher
Oxford University Press
Weight
720 gr
Height
242 mm
Width
164 mm
Thickness
27 mm
Age
P, 06
Language
Product language
Engelsk
Format
Product format
Innbundet
Number of pages
384

Biographical note

Jeffrey Goldsworthy holds a Personal Chair at Monash University. His major interests are legal philosophy, and constitutional law, theory, and history. He has numerous publications in these fields, and is best known for his book "The Sovereignty of Parliament, History and Philosophy" (Clarendon Press, Oxford, 1999), and many journal articles on constitutional interpretation.