Interpreting Constitutions
A Comparative Study
Goldsworthy, Jeffrey (Editor),
Professor of Law, Monash University
Print publication date: 2007
Published to Oxford Scholarship Online: January 2010 Print ISBN-13: 978-0-19-922647-4 doi:10.1093/acprof:oso/9780199226474.001.0001 |
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Abstract:
This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism, and originalism. Each of the six federations is the subject of a separate chapter written by an authority in the field: Australia, Canada, Germany, India, South Africa, and the United States. Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional, and political circumstances.
Keywords: constitutions, textualism, purposivism, structuralism, Australia, Canada, Germany, India, South Africa, United States Table of Contents
Preface
Introduction
1.
The United States: Eclecticism in the Service of Pragmatism
2.
Canada: From Privy Council to Supreme Court
3.
Australia: Devotion to Legalism
4.
Germany: Balancing Rights and Duties
5.
India: From Positivism to Structuralism
6.
South Africa: From Constitutional Promise to Social Transformation
7.
Conclusions
Index
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