Comparative Constitutional Law: A Contextual Approach

Comparative Constitutional Law: A Contextual Approach is an innovative new casebook that explores major differences in constitutional law by providing a rich array of narrative materials and cases which examine the context in which constitutional debates arise in Australia, Canada, South Africa, and the United States.
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ISBN: 9780327191551
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Comparative Constitutional Law: A Contextual Approach is an innovative new casebook that explores major differences in constitutional law by providing a rich array of narrative materials and cases which examine the context in which constitutional debates arise in Australia, Canada, South Africa, and the United States. We identify differences in the origin of political and legal institutions, dominant cultural values, and the effect of the age of a constitution, including path dependence, on each country's constitutional jurisprudence. The subject-specific chapters build to a concluding chapter providing students with abundant materials to assess the role of courts in protecting governmental systems and rights.

The accompanying Teacher's Manual offers extensive guidance for taking advantage of the breadth--and depth--of coverage offered by the casebook.

This book also is available in a heavily discounted, three-hole punched, alternative loose-leaf version printed on 8 ½ x 11 inch paper with wider margins and with the same pagination as the hardbound book.

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Table of contents



Introduction    A FEW THINGS YOU SHOULD KNOW BEFORE TAKING THIS COURSE, AND WHY YOU SHOULD TAKE IT


Chapter 1    FEDERALISM


Chapter 2    DEFINING THE SCOPE OF CONSTITUTIONAL PROTECTION FOR INDIVIDUAL RIGHTS


Chapter 3    BALANCING THE VALUES OF DIGNITY, EQUALITY, AND FREEDOM


Chapter 4    EQUALITY (GENERALLY)


Chapter 5    SOCIAL AND ECONOMIC RIGHTS


Chapter 6    THE REGULATION OF PROPERTY


Chapter 7    UNITARY AND DUAL COURT SYSTEMS AND THE ROLE OF CONSTITUTIONAL VALUES IN PRIVATE LITIGATION


Chapter 8    ADVISORY OPINIONS, CONSTITUTIONAL CONVENTIONS, AND THE DETERMINATION OF JUDICIAL AUTHORITY


Chapter 9    HOW ARE DEMOCRACY AND HUMAN RIGHTS BEST PROTECTED?


TABLE OF CASES


INDEX