Constitutional Comparison

Product Details:
Author(s):
Venter, F
Year Published:
2000
Edition
1st Edition
Type:
Print | Soft Cover
Language:
English
About this publication
In our globalized era it has become impossible to deal effectively with constitutional law and related subjects such as fundamental rights, administrative law and political science without knowledge of foreign systems. Although a wealth of literature is available, the constitutionalist faces a formidable problem: which foreign systems should I explore in order to make relevant comparisons, and how should I go about it? This book addresses the issues of comparability and appropriate comparative methodology.
(Co-published with Kluwer Law International)
Content
Considerations of comparative methodology
– Law and state as common denominators of humanity
– Comparative Law: nature and issues
– Comparison in the field of constitutional law
– A matrix for constitutional comparison
Predominance of the constitution
– Why is the constitution supreme?
– History and foundations of the predominance of the constitution
– The impact of the predominance of the constitution 
– Comparative conclusions
Constitutional rights
– The classification of constitutional rights
– Analysis of selected constitutional rights
– Limiting and balancing interests
– Constitutional rights in the contemporary constitutional state
Democracy and the distribution of authority
– Democracy
– The horizontal distribution of authority
– The vertical distribution of authority
– Democracy and authority in the constitutional state
Comparing constitutions in 2000
– Motives for practising comparative constitutional law
– Limitations of constitutional comparison
– A method for comparing constitutions
Interest / Benefit to
Constitutional lawyers
Libraries
Academics
Students