Constitutional Comparison: Japan, Germany, Canada and South Africa as Constitutional States

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BRILL, 2021 M07 26
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. A wealth of literature is available on practically all constitutional systems and the intricacies of their application. This, however, presents the constitutionalist with 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 core problems of comparability and appropriate comparative methodology in the realm of contemporary constitutionalism.
The outcome is, however, not mere theorizing. Most of the text is devoted to an incisive application of the chosen comparative method to four geographically, historically, and culturally divergent, but thoroughly comparable, constitutional systems. In the course of the comparative exercise, contemporary constitutional dogma and constitutional mechanics are analyzed and explained, in many instances in their historical contexts, making the book itself a useful source of comparative and historical information.
 

Contents

Chapter 1 Considerations of Comparative Methodology
1
Chapter 2 Predominance of the Constitution
53
Chapter 3 Constitutional Rights
127
Chapter 4 Democracy and the Distribution of Authority
193
Chapter 5 Comparing Constitutions in 2000
256
Index
265
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