Download e-book for kindle: Comparative Constitutional Law (Research Handbooks in by Tom Ginsburg, Rosalind Dixon

By Tom Ginsburg, Rosalind Dixon

ISBN-10: 0857931210

ISBN-13: 9780857931214

ISBN-10: 1848445393

ISBN-13: 9781848445390

This landmark quantity of particularly commissioned, unique contributions through most sensible overseas students organizes the problems and controversies of the wealthy and quickly maturing box of comparative constitutional law.Divided into sections on constitutional layout and remodel, identification, constitution, person rights and kingdom tasks, courts and constitutional interpretation, this complete quantity covers over a hundred international locations in addition to various techniques to the limits of constitutional legislations. whereas a few chapters reference the textual content of felony tools expressly categorised constitutional, others specialize in the assumption of entrenchment or take a extra useful procedure. not easy the present obstacles of the sphere, the members provide different views - cultural, historic and institutional - in addition to feedback for destiny examine. a special and enlightening quantity, Comparative Constitutional legislation is a vital source for college students and students of the subject.Contributors comprise: Z. Al-Ali, T. Allen, N. Bamforth, J. Blount, P. Carozza, C. Charters, J. Cheibub, S. Choudhry, V. Comella, D. Davis, R. Dixon, D. Fontana, N. Friedman, S. Gardbaum, T. Ginsburg. J. Greene, O. Gross, J. Hiebert, R. Hirschl, N. Hume, H. Irving, V. Jackson, G. Jacobsohn, D. Kommers, R. Krotoszynski, N. Lenagh-Maquire, F. Limongi, F. Michelman, ok. O Regan, R. Pildes, ok. Roach, okay. Rubenstein, C. Saunders, D. Scheiderman, A. Stone, R. Teitel, M. Tushnet

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Should there be candidate selection quotas directed at political parties and/or placement mandates governing the order in which women candidates are listed on ballot papers? Should these be aspirational, directive or mandatory? Should reserved seats Drafting, design and gender 29 be specifically allocated to women in the legislature? Should quotas be permanent or transitional? Is the relevant country’s electoral system congruent with the design of its gender quotas, and the goals they embody? Can quotas – a form of positive discrimination – surmount constitutional provisions mandating equality generally or prohibiting discrimination?

Much design work involves the articulation of structures and processes that will never have a jurisprudential outcome, being non-justiciable or even pre-justiciable (the structural design of the constitutional court, for example, cannot be contemplated as a justiciable matter). In thinking about gender and constitutional design, we must contemplate the words before they go into the constitution, with an eye to, but ahead of, the meanings that a constitutional court (which itself must be designed) will draw from the words once they are there.

2 One chapter alone, out of fifteen, in a 2008 collection on Constitutional Design for Divided Societies¸ acknowledges gender as a divider (indeed a ‘deep fault line’ challenging provisions for constitutional equality (Murray and Simeon 2008: 417)). 4 This history of neglect or under-recognition should not be taken as confirmation of the nonrelevance of gender to constitutional design. Since we know that gender is relevant in other comparable fields,5 there is at least an a priori claim for its relevance to constitutional design.

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Comparative Constitutional Law (Research Handbooks in Comparative Law) by Tom Ginsburg, Rosalind Dixon

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