The Cambridge Companion to Comparative Constitutional Law

Description

What is the purpose of comparative constitutional law? Comparing constitutions allows us to consider the similarities and differences in forms of government, and the normative philosophies behind constitutional choices. Constitutional comparisons offer 'hermeneutic' help: they enable us to see 'our' own constitution with different eyes and to locate its structural and normative choices by references to alternatives evident in other constitutional orders. This Cambridge Companion presents readers with a succinct yet wide-ranging companion to a modern comparative constitutional law course, offering a wide-ranging yet concise introduction to the subject. Its twenty-two chapters are arranged into five thematic parts: starting with an exploration of the 'theoretical foundations' (Part I) and some important 'historical experiences' (Part II), it moves on to a discussion of the core 'constitutional principles' (Part III) and 'state institutions' (Part IV); finally it analyses forms of 'transnational' constitutionalism (Part V) that have emerged in our 'global' times.

Roger Masterman is Professor of Constitutional Law at the Law School, University of Durham. His research interests are in constitutional law and reform, rights instruments, and in the interplay between national and international constitutional laws. He is a member of the Executive Committee of the UK Constitutional Law Association, and of the editorial committee of Public Law. Robert Schutze is a Professor of Law and Co-Director of the Global Policy Institute at the University of Durham as well as Visiting Professor at the College of Europe (Bruges) and Libera Universita Internazionale degli Studi Sociali Guido Carli, Rome. He is a constitutional scholar with a particular expertise in the law of the European Union and comparative federalism.

'This collection of analytic essays on topics ranging from institutions of governance to concepts central to constitutionalism provides a fine introduction to the state of the field.' Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard University 'We have entered the golden age of comparative constitutionalism. The digital revolution has made foreign legal sources more easily accessible, modern advances in transportation have made the world smaller, and scholarly collaborations across borders have pushed the boundaries of our knowledge. And yet many fundamental questions in comparative constitutionalism remain contested or even unanswered: how to compare, what to compare, and more importantly why to compare? Masterman and Schutze have assembled an all-star team of leading authorities in the study of constitutionalism to guide both experienced scholars and new students through the most important inquiries in the field. The future of public law is comparative, and this outstanding volume will be an invaluable resource for understanding the stakes and challenges that await.' Richard Albert, William Stamps Farish Professor of Law, University of Texas, Austin 'This Cambridge Companion to Comparative Constitutional Law stands out for its in-depth pursuit of well-selected themes. It offers the scholar and student an authoritative account of the theoretical foundations and historical foundations of global constitutionalism, as well as its core principles, institutions and dynamics.' Adrienne Stone, Redmond Barry Distinguished Professor, University of Melbourne 'In times of flourishing comparative constitutional law studies, this Cambridge Companion addresses the main issues in the field, with a view to orient scholarly approaches towards systematic comparative work. In an ever more connected world, such stimulating enterprise will enhance the comprehension of the challenges at stake, as well as the communication among different methodologies and theories.' Cesare Pinelli, Sapienza - Universita di Roma 'This Companion assembles a remarkable cast of leading scholars on comparative constitutional law. The chapters adopt a panoramic view in interrogating the field from its theoretical and historical foundations through to its present-day significance. This Companion is an important and valuable contribution on a subject of ever-growing significance.' George Williams, Dean and Anthony Mason Professor, University of New South Wales 'Combining magnitude and accuracy, here is a new instrument, original in its design, as complete as possible, which will allow any reader to satisfy his curiosity by measuring the importance and interest of this new scientific field. Here is a book that makes it possible to understand better, at the time of globalization, the stakes of a comparative confrontation between the main modes of constitutional arrangement in the world.' Vlad Constantinesco, Universite de Strasbourg 'The essays are well grounded, nicely written, and fair in their legal-political arguments. Together they constitute a good picture of where the world now stands with respect to constitutionalism.' S. N. Katz, Choice