Comparative Constitutionalism: Cases and Materials (American Casebook Series)

Synopsis

This Comparative Constitutional Law Casebook Offers A Comprehensive And Paradigmatic Approach To The Subject: It Examines How The Vast Increase In International Movements Of People, Capital, Goods, Ideas, And Information Affect Politics In And Beyond Nation-states And How This Influx Affects The Rule Of Law, Separation Of Powers, And Fundamental Rights. Indeed, This Casebook Stands Apart As It Represents An International Collaboration Of Legal Scholars And Allows For Diversity Of Perspectives. Utilizing Case Excerpts From At Least 40 Countries Across Every Continent, Students Will Examine The Assumptions, Choices And Trade-offs, Strategies, And Effects From Decisions By Constitutional Courts And Human Rights Tribunals Throughout Various Legal Systems And Political Contexts. Moreover, This Book Examines The Different Theories Of Constitutionalism And Analyzes How Constitutional Democracies Address Similar Issues In Different Institutional Settings. This Third Edition Includes New Material That Speaks To Current Issues Of Pressing Importance: Citizenship, Transnational Constitutionalism, Authoritarian And Illiberal Constitutions, Collective Rights And Minorities, Internet Censorship, Religion In The Public Space, Mass Surveillance, And Targeted Killings. Both Teachers And Students Will Appreciate The Complete Coverage Of Complex Topics Within A Manageable Size And Format. A Comprehensive Teacher's Manual Accompanies The Casebook. -- What Is A Constitution? -- Constitutions Beyond The Nation-state? The Prospects And Pitfalls Of Transnational Constitutionalism -- Judicial Enforcement Of The Constitution And Models Of Constitutional Adjudication -- Striking A Balance Among The Branches Of Government : Horizontal Separation Of Powers -- Federalism And Vertical Separation Of Powers -- Citizenship -- Dignity, Privacy, And Personal Autonomy -- Equality, Minority, And Group Rights -- Freedom Of Expression -- Freedom Of Religion And Belief -- Criminal Procedure (due Process) -- Rights In Economic And Social Life -- Constitutional Guarantees Of Democracy -- The Constitution Under Stress : States Of Emergency, Combating Terrorism, And The Bounds Of Constitutional Order. Norman Dorsen, Michel Rosenfeld, András Sajó, Susanne Baer, Susanna Mancini. Includes Bibliographical References (pages Ix-xvii) And Index.