Constitutional Engagement in a Transnational Era

Erscheinungsjahr 2011
ISBN: 978-0-19-533344-2
Verlag: ACADEMIC

Buch, Englisch, 536 Seiten, Print PDF, Format (B × H): 161 mm x 240 mm, Gewicht: 966 g

Constitutional law in the United States and around the world now operates within an increasingly transnational legal environment of international treaties, customary international law, multilateral and bilateral agreements, a supranational infrastructure of trade law and human rights law, and increased comparative judicial awareness, reflected in increasing cross-national references in constitutional court decisions around the world. The constellation of legal orders in which established constitutional regimes operate has thus changed - there are more bodies generating law, there are more international agreements, there are more multi-national interactions and transactions that bring into view various legal orders. How, if at all, do these multiple transnational phenomena (including national law that has influence beyond its borders, as well as an expanded array of international law) affect our understanding of the role of constitutions and of courts in deciding constitutional cases? Constitutional Engagement in a Transnational Era explores the role of constitutions and constitutional law, focusing primarily on the United States, Australia, Canada, France, Germany, India, Israel, South Africa and the United Kingdom, within and in relationship to this increasingly transnational legal environment.

Zielgruppe

Law students, scholars, and practitioners interested in the Comparative analysis of constitutional law on a global scale

Autoren/Hrsg.

Jackson

Jackson, Vicki C.

Fachgebiete

• Rechtswissenschaften Öffentliches Recht Staats- und Verfassungsrecht
• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)
• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung

Inhaltsverzeichnis

- Introductory Chapter

- Part I: Resistance, Convergence, Engagement

- Chapter 1: Resistance and Differentiation

- Chapter 2: Convergence and Harmonization

- Chapter 3: Engagement

- Part II: Why the U.S. Should Engage

- Chapter 4 Introduction to Part II

- Chapter 5: The U.S. and Older Constitutional Orders

- Chapter 6: Federalism as a Factor

- Chapter 7: Engagement and individual rights

- Chapter 8: Constitutions as Mediating Institutions

Über Autor(innen)

Vicki C. Jackson is the Carmack Waterhouse Professor of Constitutional Law at the Georgetown University Law Center, where she teaches courses in constitutional law, comparative constitutional law, federal courts, the Supreme Court, and on gender-related subjects. She previously served as a Deputy Assistant Attorney General in the Office of Legal Counsel in the U.S. Department of Justice (2000-01); as a member of the D.C. Bar Board of Governors (1999-2002); as a co-chair of the Special Committee on Gender of the D.C. Circuit Task Force on Gender, Race and Ethnic Bias r s92-95), and a member of the D.C. Circuit Advisory Committee on Procedures (1992-98).

Professor Jackson is a co-author with Professor Mark Tushnet of a Comparative Constitutional Law course book, and currently serves as an Articles Editor for I.Con, the International Journal of Constitutional Law. Her articles on federalism, sovereign immunity and the 11th Amendment, and gender equality have appeared in the Harvard Law Review, Yale Law Journal, Georgetown Law Review, and other scholarly journals. Her research interests include comparative constitutional law, comparative federalism, and freedom of expression.