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  1. Home
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  3. The Migration of Constitutional Ideas
  • Cited by 23
Publisher:
Cambridge University Press
Online publication date:
July 2009
Print publication year:
2007
Online ISBN:
9780511493683
DOI:
https://doi.org/10.1017/CBO9780511493683
Subjects:
Political Theory, Law, Politics and International Relations, Jurisprudence
Information

Book description

The migration of constitutional ideas across jurisdictions is one of the central features of contemporary constitutional practice. The increasing use of comparative jurisprudence in interpreting constitutions is one example of this. In this 2007 book, leading figures in the study of comparative constitutionalism and comparative constitutional politics from North America, Europe and Australia discuss the dynamic processes whereby constitutional systems influence each other. They explore basic methodological questions which have thus far received little attention, and examine the complex relationship between national and supranational constitutionalism - an issue of considerable contemporary interest in Europe. The migration of constitutional ideas is discussed from a variety of methodological perspectives - comparative law, comparative politics, and cultural studies of law - and contributors draw on case-studies from a wide variety of jurisdictions: Australia, Hungary, India, South Africa, the United Kingdom, the United States, and Canada.

Reviews

Review of the hardback:‘This superb volume will be widely read and cited - by comparative lawyers, international lawyers, scholars of socio-legal studies, and political scientists.’

Michael Byers - Canada Research Chair in Global Politics and International Law, University of British Columbia

Review of the hardback:‘It has become a cliché to refer to globalization and the increasing international influences on domestic constitutional law; but clichés are not scholarship. The Migration of Constitutional Ideas brings together an outstanding collection of articles by international and interdisciplinary scholars who offer both greater conceptual clarity and much useful empirical data. No one interested in the topic can afford to ignore this book.’

Sanford Levinson - University of Texas Law School and Department of Government; Co-editor of Constitutional Stupidities, Constitutional Tragedies (1998)

Review of the hardback:‘Under Sujit Choudhry's artful guidance, the contributors to The Migration of Constitutional Ideas have produced a remarkably coherent volume that will be indispensable to constitutional scholars and policymakers everywhere. The essays not only give a snapshot of the global state of constitutional thought today, they take on the hard normative questions of right and wrong that are so pressing as new constitutions are written and old ones put under pressure in the post 9/11 world. This is comparative law the way it was meant to be - with a keen eye for discerning the inner life of constitutional ideas on the move.’

Noah Feldman - Professor of Law, New York University School of Law

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