Interpreting constitutions: a comparative study

by Goldsworthy, Jeffrey Denys

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Title Statements

Full title :Interpreting constitutions : a comparative study / edited by Jeffrey Goldsworthy.

Summary

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.

Edition Statements

Publication Date:©2006.

Publication Statements

Publisher(s):Oxford University Press
Place of Publication:New York
Language:eng
Publication Date:©2006.

Notes

Includes index.

Title from OSO Table of contents page (last view March 10, 2010).

The Physical Object

Description:1 online resource (xii, 353 pages)

Edition Identifiers

ISBN:0199274134, 9780199274130, 9780199226474, 0199226474
oclc:ocn646111553
LC Classification:K3165
Dewey Decimal:342.02

The United States : eclecticism in the service of pragmatism / Mark Tushnet -- Canada: from privy council to Supreme Court / Peter W. Hogg -- Australia: devotion to legalism / Jeffrey Goldsworthy -- Germany: balancing rights and duties / Donald P. Kommers -- India: from positivism to structuralism / S.P. Sathe -- South Africa: from constitutional promise to social transformation / Heinz Klug.