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Comparative matters : the renaissance of comparative constitutional law / Ran Hirschl.
- Format:
- Book
- Author/Creator:
- Hirschl, Ran.
- Language:
- English
- Subjects (All):
- Constitutional law.
- Comparative law.
- Physical Description:
- xi, 304p.
- Edition:
- 1st ed.
- Place of Publication:
- Oxford : Oxford University Press, 2016.
- Summary:
- Charting the history and analytical underpinnings of comparative constitutional inquiry, this book probes the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages. It explores how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide.
- Contents:
- Cover
- Comparative Matters: The Renaissance of ComparativeConstitutional Law
- Copyright
- Acknowledgments
- Contents
- List of Abbreviations
- Introduction: The C Word
- Structure of the book: what drives comparative constitutional inquiry and how are we to study it?
- 1: The View from the Bench: Where the Comparative JudicialImagination Travels
- The empirical dimension: what is actually known about patterns of foreign reference?
- The identity construction factor: Israel as a test case
- Similar trends elsewhere
- Conclusion
- 2: Early Engagements with the Constitutive Laws of Others: Lessons from Pre-Modern Religion Law
- Surviving the laws of others
- The social and political context of external engagements
- 3: Engaging the Constitutive: Laws of Others: Necessities, Ideas, Interests
- Bodin, Selden, and other pioneers
- Montesquieu as a comparativist
- Bolívar and other 19th-century innovators
- Two present-day primers: Canada and theUnited States
- 4: From Comparative Constitutional Law to Comparative Constitutional Studies
- Why look to the social sciences?
- (i) Theories of judicial behavior
- (ii) Why the rise of constitutionalism and judicial review?
- (iii) Constitutional design as political science
- (iv) The actual effects of jurisprudence: social rights as a parable
- (v) Comparative constitutional law's amorphous methodological matrix
- 5: How Universal is Comparative Constitutional Law?
- A few existential tensions
- The "World Series" syndrome and the "global south" critique
- (i) The "global south" critique
- (ii) Unraveling the "global south" critique
- 6:Case Selection and Research Design in Comparative Constitutional Studies
- Modes of comparative inquiry in constitutional law.
- Principles of case selection in inference-oriented small-N comparative studies
- (i) The "most similar cases" principle
- (ii) The "most different cases" principle
- (iii) The "prototypical cases" principle
- (iv) The "most difficult case" principle
- (v) The "outlier cases" principle
- The emergence of "large-N" and "multi-method" studies in comparative constitutionalism
- Epilogue: Comparative Constitutional Law, Quo Vadis?
- Table of Cases
- Index.
- Notes:
- Includes bibliographical references and index.
- Description based on online resource; title from home page (viewed on April 7, 2016).
- Description based on publisher supplied metadata and other sources.
- ISBN:
- 9780191023880 : (ebk : OxfordScholarship)
- OCLC:
- 887744454
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