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| Title | : | Constitutional Identity |
| Author | : | |
| Rating | : | 4.82 (606 Votes) |
| Asin | : | 0674047664 |
| Format Type | : | paperback |
| Number of Pages | : | 388 Pages |
| Publish Date | : | 2014-09-07 |
| Language | : | English |
Anne-Marie VanNieuwenhuize said Five Stars. Necessary for class
He explores constitutional identity’s great practical importance for some of constitutionalism’s most vexing questions: Is an unconstitutional constitution possible? Is the judicial practice of using foreign sources to resolve domestic legal disputes a threat to vital constitutional interests? How are the competing demands of transformation and preservation in constitutional evolution to be balanced?. It is changeable but resistant to its own destruction, and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States. In Constitutional Identity, Gary Jeffrey Jacobsohn argues that a constitution acquires an identity through experiencefrom a mix of the political aspirations and commitments that express a nation’s past and the desire to transcend that past. Jacobsohn argues that the presence of disharmonyboth the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulateis critical to understanding the theory and dynamics of constitutional identity
. Malcolm MacDonald Professor of Constitutional and Comparative Law in the Department of Government, University of Texas at Austin. Gary Jeffrey Jacobsohn is H
The mere attempt to think about these problems is a worthwhile endeavor. Constitutional Identity comes from one of America's leading scholars of comparative constitutionalism with an unmatched wealth of pertinent knowledge and intellectual integrity, glowingly manifested here. Drawing primarily from cases arising before high courts in India, Ireland, Israel, South Africa, Turkey, and the U.S., it draws upon written opinions, interviews with judges, and a staggering range of secondary sources (perhaps a third of the book is footnotes). I'm doubly delighted that it's Gary Jeffrey Jacobsohn who has done so. (Ran Hirschl, University of Toronto, author of Constitutional Theocracy)Gary Jeffrey Jacobsohn offers rich insights on the problems of constitutional identity; this is a seminal work in compa
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