By Tom Ginsburg, Rosalind Dixon
This landmark quantity of specifically commissioned, unique contributions through best overseas students organizes the problems and controversies of the wealthy and quickly maturing box of comparative constitutional law.Divided into sections on constitutional layout and remodel, id, constitution, person rights and country tasks, courts and constitutional interpretation, this accomplished quantity covers over a hundred nations in addition to more than a few techniques to the limits of constitutional legislation. whereas a few chapters reference the textual content of felony tools expressly categorized constitutional, others concentrate on the belief of entrenchment or take a extra sensible method. tough the present obstacles of the sector, the individuals supply varied views - cultural, historic and institutional - in addition to feedback for destiny learn. a distinct and enlightening quantity, Comparative Constitutional legislations is a vital source for college kids and students of the subject.Contributors contain: Z. Al-Ali, T. Allen, N. Bamforth, J. Blount, P. Carozza, C. Charters, J. Cheibub, S. Choudhry, V. Comella, D. Davis, R. Dixon, D. Fontana, N. Friedman, S. Gardbaum, T. Ginsburg. J. Greene, O. Gross, J. Hiebert, R. Hirschl, N. Hume, H. Irving, V. Jackson, G. Jacobsohn, D. Kommers, R. Krotoszynski, N. Lenagh-Maquire, F. Limongi, F. Michelman, okay. O Regan, R. Pildes, okay. Roach, ok. Rubenstein, C. Saunders, D. Scheiderman, A. Stone, R. Teitel, M. Tushnet
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Sample text
6 WHOLE-CONSTITUTION APPROACHES In addition to the literature on the specific design issues discussed above, a smaller body of literature engages with constitutional design and gender in the whole, or indeed in the idea of a constitution. The literature can be divided into several (overlapping) approaches: those that attempt to identify and consider all the relevant fields requiring constitutional provisions; those that approach the question indirectly by addressing a range of constitutional questions and/or surveying the approaches in different jurisdictions; and those that create overarching conceptual or normative frameworks for constitutional deliberation and auditing.
Very skilful drafting may, perhaps, limit departures from original or intended meaning. But even the finest drafting will not resolve whether constitutional rules or standards are most effective in limiting judicial discretion (Case 2002). It will not resolve, either, whether judges should be bound by original meanings in the first place. Notwithstanding these shortcomings, the constitutional rights paradigm has become so pervasive and unassailable that the entrenchment of a gender equality provision is, effectively, non-negotiable in designing a new constitution.
In Australia, for example, reproductive rights are not regarded as a constitutional matter. Abortion is regulated at the state level, even though the Constitution includes a provision conferring federal legislative power over medical services, creating at least the potential for indirect constitutionalization of abortion law. There is no evidence that this failure to take the constitutional opportunity means women’s reproductive autonomy is more adversely affected there than in countries where constitutional protection extends to abortion rights.