Constitutional Comparison: Japan, Germany, Canada and South Africa As Constitutional States
Martinus Nijhoff Publishers, 2000 - 274 pages
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.
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1996 Constitution according action activity administrative adopted amendment American application appointment approach Assembly authority basic Bill British Canada Canadian century Charter citizenship colonies common comparative comparison concept concerned considered consistent Constitutional Court constitutional law constitutionalism context Council decision democracy democratic determined doctrine effect elected equality established executive exercise existence expression federal freedom functions fundamental rights German Grundgesetz guaranteed human rights important independent indicating individual institutions interests interpretation Japan Japanese judges judgment judicial jurisdiction legislation legislature limitation majority matter means nature objective organs Parliament parliamentary party person political position possible practice President principle procedures protection provincial provisions question reasonable referred regarding regulation relations representative Republic respect rules separation social society South Africa specific statute structures Supreme Court United universal values various