Interpreting Constitutions A Comparative Study [Hardcover]

This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods that have guided the courts, and explores the reasons for major differences between these methods. Each of the six federations is the subject of a separate chapter written by a leading authority, which describes not only the interpretive methodology currently used, but the evolution of that methodology since the constitution in question was first enacted. The book also includes a concluding chapter that compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.


1. Introduction
2. United States: Eclecticism Regnant,Mark Tushnet
3. Canada: From Privy Council to Supreme Court,Peter Hogg
4. Australia: Devotion to Legalism,Jeffrey Goldsworthy
5. Germany: Balancing Rights and Duties,Donald Kommers
6. India: From Positivism to Structuralism,S.P. Sathe
7. South Africa: From Constitutional Promise to Social Transformation,Heinz Klug
8. Conclusions
Index

Jeffrey Goldsworthyholds a Personal Chair at Monash University. His major interests are legal philosophy, and constitutional law, theory, and history. He has numerous publications in these fields, and is best known for his bookThe Sovereignty of Parliament, History and Philosophy(Clarendon Press, Oxford, 1999), and many journal articles on constitutional interpretation.