Comparative Matters

Comparative Matters

Author: Ran Hirschl

Publisher:

Published: 2014

Total Pages: 317

ISBN-13: 0198714513

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Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.


Book Synopsis Comparative Matters by : Ran Hirschl

Download or read book Comparative Matters written by Ran Hirschl and published by . This book was released on 2014 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative study has emerged as the new frontier of constitutional law scholarship as well as an important aspect of constitutional adjudication. Increasingly, jurists, scholars, and constitution drafters worldwide are accepting that 'we are all comparativists now'. And yet, despite this tremendous renaissance, the 'comparative' aspect of the enterprise, as a method and a project, remains under-theorized and blurry. Fundamental questions concerning the very meaning and purpose of comparative constitutional inquiry, and how it is to be undertaken, are seldom asked, let alone answered. In this path-breaking book, Ran Hirschl addresses this gap by charting the intellectual history and analytical underpinnings of comparative constitutional inquiry, probing the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages, and exploring how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide. Through an extensive exploration of comparative constitutional endeavours past and present, near and far, Hirschl shows how attitudes towards engagement with the constitutive laws of others reflect tensions between particularism and universalism as well as competing visions of who 'we' are as a political community. Drawing on insights from social theory, religion, history, political science, and public law, Hirschl argues for an interdisciplinary approach to comparative constitutionalism that is methodologically and substantively preferable to merely doctrinal accounts. The future of comparative constitutional studies, he contends, lies in relaxing the sharp divide between constitutional law and the social sciences. Comparative Matters makes a unique and welcome contribution to the comparative study of constitutions and constitutionalism, sharpening our understanding of the historical development, political parameters, epistemology, and methodologies of one of the most intellectually vibrant areas in contemporary legal scholarship.


Comparative Constitutional Law

Comparative Constitutional Law

Author: Tom Ginsburg

Publisher: Edward Elgar Publishing

Published: 2011-01-01

Total Pages: 681

ISBN-13: 0857931210

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This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.


Book Synopsis Comparative Constitutional Law by : Tom Ginsburg

Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.


Comparative Constitutional Design

Comparative Constitutional Design

Author: Tom Ginsburg

Publisher: Cambridge University Press

Published: 2012-02-27

Total Pages: 407

ISBN-13: 1107020565

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Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.


Book Synopsis Comparative Constitutional Design by : Tom Ginsburg

Download or read book Comparative Constitutional Design written by Tom Ginsburg and published by Cambridge University Press. This book was released on 2012-02-27 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.


On What Matters in Comparative Constitutional Law

On What Matters in Comparative Constitutional Law

Author: Katharine Young

Publisher:

Published: 2017

Total Pages: 19

ISBN-13:

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The field of comparative constitutional law has developed in interesting and exciting directions in recent years. This essay provides a comment on Ran Hirschl's Comparative Matters: The Renaissance of Comparative Constitutional Law, a path-breaking example of the new methodologies that have become possible in the field. Its new boundaries, described not as comparative constitutional law, but as comparative constitutional studies, include comparative politics, political economy, and the broader social sciences. By contrast, this essay suggests that the field must remain anchored in law, in all of its complexity. This may at times suggest different answers, and indeed different questions, from those that Hirschl provides. Moreover, I argue that the difficult questions that the social practice of law raises - such as the demand for justification, and the reliance on interpretation - cannot be abandoned in this new moment of social scientific possibility.


Book Synopsis On What Matters in Comparative Constitutional Law by : Katharine Young

Download or read book On What Matters in Comparative Constitutional Law written by Katharine Young and published by . This book was released on 2017 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: The field of comparative constitutional law has developed in interesting and exciting directions in recent years. This essay provides a comment on Ran Hirschl's Comparative Matters: The Renaissance of Comparative Constitutional Law, a path-breaking example of the new methodologies that have become possible in the field. Its new boundaries, described not as comparative constitutional law, but as comparative constitutional studies, include comparative politics, political economy, and the broader social sciences. By contrast, this essay suggests that the field must remain anchored in law, in all of its complexity. This may at times suggest different answers, and indeed different questions, from those that Hirschl provides. Moreover, I argue that the difficult questions that the social practice of law raises - such as the demand for justification, and the reliance on interpretation - cannot be abandoned in this new moment of social scientific possibility.


Comparative Reasoning in International Courts and Tribunals

Comparative Reasoning in International Courts and Tribunals

Author: Daniel Peat

Publisher: Cambridge University Press

Published: 2019-06-13

Total Pages: 293

ISBN-13: 1108415474

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This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.


Book Synopsis Comparative Reasoning in International Courts and Tribunals by : Daniel Peat

Download or read book Comparative Reasoning in International Courts and Tribunals written by Daniel Peat and published by Cambridge University Press. This book was released on 2019-06-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines an unexplored method of interpretation: the use of domestic law in the interpretation of international law.


Initial National Priorities for Comparative Effectiveness Research

Initial National Priorities for Comparative Effectiveness Research

Author: Institute of Medicine

Publisher: National Academies Press

Published: 2009-11-14

Total Pages: 252

ISBN-13: 0309138361

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Clinical research presents health care providers with information on the natural history and clinical presentations of disease as well as diagnostic and treatment options. In today's healthcare system, patients, physicians, clinicians and family caregivers often lack the sufficient scientific data and evidence they need to determine the best course of treatment for the patients' medical conditions. Initial National Priorities for Comparative Effectiveness Research(CER) is designed to fill this knowledge gap by assisting patients and healthcare providers across diverse settings in making more informed decisions. In this 2009 report, the Institute of Medicine's Committee on Comparative Effectiveness Research Prioritization establishes a working definition of CER, develops a priority list of research topics, and identifies the necessary requirements to support a robust and sustainable CER enterprise. As part of the 2009 American Recovery and Reinvestment Act, Congress appropriated $1.1 billion in federal support of CER, reflecting legislators' belief that better decisions about the use of health care could improve the public's health and reduce the cost of care. The Committee on Comparative Effectiveness Research Prioritization was successful in preparing a list 100 top priority CER topics and 10 recommendations for best practices in the field.


Book Synopsis Initial National Priorities for Comparative Effectiveness Research by : Institute of Medicine

Download or read book Initial National Priorities for Comparative Effectiveness Research written by Institute of Medicine and published by National Academies Press. This book was released on 2009-11-14 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clinical research presents health care providers with information on the natural history and clinical presentations of disease as well as diagnostic and treatment options. In today's healthcare system, patients, physicians, clinicians and family caregivers often lack the sufficient scientific data and evidence they need to determine the best course of treatment for the patients' medical conditions. Initial National Priorities for Comparative Effectiveness Research(CER) is designed to fill this knowledge gap by assisting patients and healthcare providers across diverse settings in making more informed decisions. In this 2009 report, the Institute of Medicine's Committee on Comparative Effectiveness Research Prioritization establishes a working definition of CER, develops a priority list of research topics, and identifies the necessary requirements to support a robust and sustainable CER enterprise. As part of the 2009 American Recovery and Reinvestment Act, Congress appropriated $1.1 billion in federal support of CER, reflecting legislators' belief that better decisions about the use of health care could improve the public's health and reduce the cost of care. The Committee on Comparative Effectiveness Research Prioritization was successful in preparing a list 100 top priority CER topics and 10 recommendations for best practices in the field.


Political Political Theory

Political Political Theory

Author: Jeremy Waldron

Publisher: Harvard University Press

Published: 2016-03-07

Total Pages: 369

ISBN-13: 0674970365

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Political theorists focus on the nature of justice, liberty, and equality while ignoring the institutions through which these ideals are achieved. Political scientists keep institutions in view but deploy a meager set of value-conceptions in analyzing them. A more political political theory is needed to address this gap, Jeremy Waldron argues.


Book Synopsis Political Political Theory by : Jeremy Waldron

Download or read book Political Political Theory written by Jeremy Waldron and published by Harvard University Press. This book was released on 2016-03-07 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political theorists focus on the nature of justice, liberty, and equality while ignoring the institutions through which these ideals are achieved. Political scientists keep institutions in view but deploy a meager set of value-conceptions in analyzing them. A more political political theory is needed to address this gap, Jeremy Waldron argues.


Comparative Issues in Party and Election Finance

Comparative Issues in Party and Election Finance

Author: F. Leslie Seidle

Publisher: Dundurn

Published: 1991-01-01

Total Pages: 286

ISBN-13: 1459718836

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This book is one of 23 volumes of research commissioned by the Royal Commission on Electoral Reform and Party Financing, and one of five volumes within this series dealing specifically with party and election finance.


Book Synopsis Comparative Issues in Party and Election Finance by : F. Leslie Seidle

Download or read book Comparative Issues in Party and Election Finance written by F. Leslie Seidle and published by Dundurn. This book was released on 1991-01-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is one of 23 volumes of research commissioned by the Royal Commission on Electoral Reform and Party Financing, and one of five volumes within this series dealing specifically with party and election finance.


Why Regions Matter: Small Worlds in Comparative Perspective

Why Regions Matter: Small Worlds in Comparative Perspective

Author: Ailsa Henderson

Publisher: Routledge

Published: 2014-06-11

Total Pages: 125

ISBN-13: 1317979648

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Bringing together experts on regionalism and federalism this collection explores the impact of legislative regions on parties and voters. It reflects on the 1980 publication of Small Worlds by David Elkins and Richard Simeon, which outlined how and why voters and policies differ across Canadian provinces. Using recent data, the essays in this collection provide a comparative re-examination of the impact of regions. The book explores attitude divergence in Canada and in the US, the role and impact of regional parties in Quebec, Scotland and Bavaria, the impact of multi-level governance on how citizens understand and discharge their duties and the capacity of sub-state political systems to influence general political attitudes. The result is an empirical and analytical contribution to regionalism and federalism studies that demonstrates how and why regions matter. This book was published as a special issue of Regional and Federal Studies.


Book Synopsis Why Regions Matter: Small Worlds in Comparative Perspective by : Ailsa Henderson

Download or read book Why Regions Matter: Small Worlds in Comparative Perspective written by Ailsa Henderson and published by Routledge. This book was released on 2014-06-11 with total page 125 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together experts on regionalism and federalism this collection explores the impact of legislative regions on parties and voters. It reflects on the 1980 publication of Small Worlds by David Elkins and Richard Simeon, which outlined how and why voters and policies differ across Canadian provinces. Using recent data, the essays in this collection provide a comparative re-examination of the impact of regions. The book explores attitude divergence in Canada and in the US, the role and impact of regional parties in Quebec, Scotland and Bavaria, the impact of multi-level governance on how citizens understand and discharge their duties and the capacity of sub-state political systems to influence general political attitudes. The result is an empirical and analytical contribution to regionalism and federalism studies that demonstrates how and why regions matter. This book was published as a special issue of Regional and Federal Studies.


Comparative Politics

Comparative Politics

Author: Judith Bara

Publisher: SAGE

Published: 2009-03-19

Total Pages: 346

ISBN-13: 1446241823

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′Bara and Pennington′s edited volume successfully fills a huge void in the market for introductory textbooks to comparative politics which previously offered either descriptions of political processes and systems or overviews of the methodology of comparative analysis. By applying major political science theories to overviews of the core elements of political systems, the authors both enhance our understanding of these elements and provide readers an excellent introduction to comparative explanation′ - Dr David Howarth, University of Edinburgh ′What is distinctive about this authoritative and comprehensive book on comparative politics is the way in which it is underpinned throughout by a theoretical analysis centred on a new institutionalist approach′ - Professor Wyn Grant, University of Warwick ′Comparative Politics takes a fresh and original approach to the field... it examines the role of structures, rules and norms in regulating the individual and collective behaviour of political actors. Each chapter provides a critical bibliography and key questions which will be particularly useful for students approaching Comparative Politics for the first time. Altogether this is a comprehensive and useful read which I warmly recommend′ - Ian Budge, Professor Emiritus Professor of Government, University of Essex ′This is a most useful book. Teachers of comparative politics often scramble around, with out-of-date textbooks and photocopies of more or less compatible articles. Here is a new book that gives an up-to-date, comprehensive and systematic introduction to the major strands of institutional thought and applies these to the major institutions, processes and policy areas. It will be a great help for many of us, academics and students alike′ - Peter Kurrild-Klitgaard, Professor of Comparative Politics, University of Copenhagen This book provides a distinctive new introduction to the study of comparative politics at undergraduate level. Rich in case study material and global in coverage, Comparative Politics sets out the basic theoretical and methodological foundations for studying different political systems as well as the key structures and actors of which they are comprised. Part One explores the nature of comparative methodology and introduces students to the major theoretical paradigms that seek to explain the operation of institutions in democratic states and facilitate comparison across different political systems. Part Two examines the institutional structures of the modern state, outlining the key features such as the electoral systems and territorial and functional divisions of government across a range of modern states. Part Three analyzes the role of key actors, such as voters and parties, interest groups and social movements, the bureaucracy and the judiciary. This book will be an essential primer for students on first-year courses in comparative government and politics as well as introductory courses in political science concepts and methods. Judith Bara is Senior Lecturer in Politics at Queen Mary, University of London and Research Fellow in Government, University of Essex. David S. Bell is Professor of French Government and Politics and Head of Social Studies and Law at the University of Leeds. Jocelyn Evans is Reader in Politics at the European Studies Research Institute, University of Salford. Catherine Needham is Lecturer in Politics at Queen Mary, University of London. Brendan O′Duffy is Senior Lecturer in Politics at Queen Mary, University of London. Mark Pennington is Senior Lecturer in Politics at Queen Mary, University of London. David Robertson is Professor of Politics, University of Oxford and Vice Principal, St Hugh′s College, Oxford.


Book Synopsis Comparative Politics by : Judith Bara

Download or read book Comparative Politics written by Judith Bara and published by SAGE. This book was released on 2009-03-19 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: ′Bara and Pennington′s edited volume successfully fills a huge void in the market for introductory textbooks to comparative politics which previously offered either descriptions of political processes and systems or overviews of the methodology of comparative analysis. By applying major political science theories to overviews of the core elements of political systems, the authors both enhance our understanding of these elements and provide readers an excellent introduction to comparative explanation′ - Dr David Howarth, University of Edinburgh ′What is distinctive about this authoritative and comprehensive book on comparative politics is the way in which it is underpinned throughout by a theoretical analysis centred on a new institutionalist approach′ - Professor Wyn Grant, University of Warwick ′Comparative Politics takes a fresh and original approach to the field... it examines the role of structures, rules and norms in regulating the individual and collective behaviour of political actors. Each chapter provides a critical bibliography and key questions which will be particularly useful for students approaching Comparative Politics for the first time. Altogether this is a comprehensive and useful read which I warmly recommend′ - Ian Budge, Professor Emiritus Professor of Government, University of Essex ′This is a most useful book. Teachers of comparative politics often scramble around, with out-of-date textbooks and photocopies of more or less compatible articles. Here is a new book that gives an up-to-date, comprehensive and systematic introduction to the major strands of institutional thought and applies these to the major institutions, processes and policy areas. It will be a great help for many of us, academics and students alike′ - Peter Kurrild-Klitgaard, Professor of Comparative Politics, University of Copenhagen This book provides a distinctive new introduction to the study of comparative politics at undergraduate level. Rich in case study material and global in coverage, Comparative Politics sets out the basic theoretical and methodological foundations for studying different political systems as well as the key structures and actors of which they are comprised. Part One explores the nature of comparative methodology and introduces students to the major theoretical paradigms that seek to explain the operation of institutions in democratic states and facilitate comparison across different political systems. Part Two examines the institutional structures of the modern state, outlining the key features such as the electoral systems and territorial and functional divisions of government across a range of modern states. Part Three analyzes the role of key actors, such as voters and parties, interest groups and social movements, the bureaucracy and the judiciary. This book will be an essential primer for students on first-year courses in comparative government and politics as well as introductory courses in political science concepts and methods. Judith Bara is Senior Lecturer in Politics at Queen Mary, University of London and Research Fellow in Government, University of Essex. David S. Bell is Professor of French Government and Politics and Head of Social Studies and Law at the University of Leeds. Jocelyn Evans is Reader in Politics at the European Studies Research Institute, University of Salford. Catherine Needham is Lecturer in Politics at Queen Mary, University of London. Brendan O′Duffy is Senior Lecturer in Politics at Queen Mary, University of London. Mark Pennington is Senior Lecturer in Politics at Queen Mary, University of London. David Robertson is Professor of Politics, University of Oxford and Vice Principal, St Hugh′s College, Oxford.