Constitutional Interpretation (Research Handbooks in Comparative Constitutional Law series)

Constitutional Interpretation (Research Handbooks in Comparative Constitutional Law series)

This insightful Handbook argues that constitutional interpretation has two core elements: constitutional text and constitutional context. Through a combination of thematic chapters and country-specific case studies, the Handbook analyses commitments found in preambles, epilogues, and other constitutional elements, as well as the overall constitutional structure. Constitutional Interpretation features contributions from a global team of experts, who discuss mission-driven constitutions through topics such as plurinationalism, transitional contexts, social transformation, post-authoritarianism, and defensive anti-authoritarianism. A variety of global case studies to support claims about the phenomenology of constitutional interpretation that are not tied to any specific country, while acknowledging that constitutional interpretation varies significantly across legal and political contexts. This comprehensive Handbook is a valuable resource for students and scholars of comparative and constitutional law. Its broad scope will also appeal to those seeking a new perspective on regional human rights law. ‘By combining contributions from highly respected judges with an academic tradition and specialists who are authorities in their field, this Research Handbook is unique in offering, in a succinct and powerful way, a structured overview that allows us to understand not only how constitutions are interpreted in different countries on all continents where constitutional judges exercise significant power, but also the spirit that gives life and distinctiveness to the methods of constitutional interpretation in each jurisdiction. as well as the way in which these methods support constitutional judges, within the respect of legal parameters, in making decisions that inevitably have high political impact.’ -- Manuel José Cepeda, Former President, Constitutional Court of Colombia ‘This is a must-read Research Handbook for all jurists searching for constitutional interpretive strategies against the rise of populism and authoritarianism in diversified contexts.’ -- Wen-Chen Chang, National Taiwan University College of Law ‘Legal work all comes down to interpretation. This impressive volume draws together a global body of comparative work, including from a strong bench of the world’s most respected apex judges, to offer an unparalleled guide to this most central of a court’s tasks in our challenging times.’ -- Michaela Hailbronner, University of Münster, Germany ‘The Research Handbook will be an essential resource to understand the varying modes of constitutional interpretation in the contemporary context. The editors’ introduction defines a framework for the chapters , written by leading scholars from around the world, which collectively illustrate both continuities with older modalities (in U.S. and European interpretation) and newer elements, with high courts in most countries declining to follow “originalist” approaches to interpretation and treating the U.S. as an outlier. The book as a whole illustrates how transformative purposes and comparative constitutional and international legal norms play important roles in many of the high courts around the world that decide constitutional cases.’ -- Vicki Jackson, Harvard Law School, USA ‘Constitutional interpretation engaged in by apex courts has been the focal mainstay of U.S. constitutional theory for at least a century and a half. Till quite recently, this was not the case for other jurisdictions, where the discipline of constitutional theory focused on other, typically structural, issues. While there have been other comparative studies of this important phenomenon – typically undertaken among groups of common law and civil law jurisdictions – this book represents the most comprehensive and wide-ranging analysis of constitutional interpretation in the field of comparative constitutional studies till date. What makes the volume distinctive is that it comprises analyses not just by leading scholars of comparative constitutional studies – who provide compelling accounts while closely examining case law from multiple jurisdictions - but also by serving or former justices of the highest courts of 11 nations, cutting across the categories of Global North/Global South/common law/civil law. The magisterial introduction by the editors emphasises the importance of “constitutional text” and “constitutional context” and identifies several critical concepts that are revealed in the volume as a whole. This sets the stage for the rich fare in the pages that follow, which is, by turns, original, enlightening and provocative. The volume is sure to become a standard reference text while also generating debate and further scholarship on a phenomenon that will continue to be relevant as long as judiciaries remain independent and vibrant actors on the constitutional landscape.’ -- Arun K. Thiruvengadam, National Law School of India University, India ‘This Handbook is a majo