Product Description
Constitutional Comparison
Author: F Venter
Format: Physical Hardcopy
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)
Contents:
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Considerations of comparative methodology
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Law and state as common denominators of humanity
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Comparative Law: nature and issues
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Comparison in the field of constitutional law
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A matrix for constitutional comparison
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Predominance of the constitution
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Why is the constitution supreme?
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History and foundations of the predominance of the constitution
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The impact of the predominance of the constitution
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Comparative conclusions
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Constitutional rights
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The classification of constitutional rights
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Analysis of selected constitutional rights
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Limiting and balancing interests
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Constitutional rights in the contemporary constitutional state
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Democracy and the distribution of authority
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Democracy
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The horizontal distribution of authority
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The vertical distribution of authority
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Democracy and authority in the constitutional state
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Comparing constitutions in 2000
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Motives for practising comparative constitutional law
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Limitations of constitutional comparison
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A method for comparing constitutions
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