Global Canons in an Age of Contestation
Debating Foundational Texts of Constitutional Democracy and Human Rights
Sujit Choudhry editor Mattias Kumm editor Michaela Hailbronner editor
Format:Hardback
Publisher:Oxford University Press
Published:26th Jun '24
Currently unavailable, and unfortunately no date known when it will be back
Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. This has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving? Which more recent parts should be defining of the field? In this context, this book asks which are - or should be - the canonical texts of comparative constitutionalism. The theoretical scope of the contributions is broad and ambitious, selecting primary material from beyond the existing textbooks to engage the concept of a canon. This framework provides significant insights about inclusion and exclusion, and proposes candidates for canonical and anti-canonical materials. The result is a wide-ranging discussion, among many voices, of how particular judgments and other primary texts have shaped or should shape our understanding of central elements of democratic constitutionalism from a comparative law perspective. This book is not a prescription of one universal understanding, but a broader conversation about the field and the future of constitutional democracy.
This is a unique and invaluable collection for anyone who wants a map to navigate the complexities of comparative constitutional law. Increasingly, judges and lawyers around the world have turned to other jurisdictions for added perspectives on how best to engage in the evolutionary enterprise of democratic constitutionalism. These essays explain brilliantly why and how that is happening. * Rosalie Silverman Abella, Samuel and Judith Pisar Visiting Professor of Law, Harvard Law School and Former Justice, Supreme Court of Canada *
Does comparative constitutional law need a canon? This provocative collection of essays from a diverse set of insightful scholars cautiously argues that it does. It also undertakes the ambitious task of identifying a tentative canon (and an anti-canon) on a broad set of topics. It does so with an exemplary self-awareness of the risks that beset the enterprise, especially the risk of boosting the gravitational pull of constitutional practice of the United States. Even sceptical readers will find this agenda-setting volume edifying. Its chief contribution is likely to be to force scholars of comparative constitutional law to confront some very awkward, but fundamental, questions about the evolving shape of our still nascent field. * Tarun Khaitan, Professor (Chair) of Public Law, LSE Law School and an Honorary Professorial Fellow, Melbourne Law School *
In creating this volume on the role of canons in comparative constitutional law, the editors and authors have done something remarkable: they have uncovered an implicit and sometimes unspoken assumption of our discipline and subjected it to critical analysis from a variety of perspectives. Spanning the globe and digging deep into conceptual foundations, this volume on constitutional canons is set to become canonical. * Aileen Kavanagh, Professor (Chair) of Constitutional Governance, Trinity College Dublin *
ISBN: 9780192866158
Dimensions: 242mm x 163mm x 41mm
Weight: 1108g
640 pages