Interpreting Constitutions

This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.

ISBN 0199274134   Pages 384 ISBN13 9780199274130 (What's this?)   Volumes 1 Publisher Oxford University Press   Weight (grammes) 720 Imprint Oxford University Press   Published in Oxford Format Hardback   Height (mm) 242 Publication date 09 Feb 2006   Width (mm) 164 Library of Congress K   Spine width (mm) 26 DEWEY 342   Academic level Professional / Scholarly DEWEY edition DC22

1		The United States : eclecticism in the service of pragmatism by Mark Tushnet		7
2		Canada : from Privy Council to Supreme Court by Peter W. Hogg		55
3		Australia : devotion to legalism by Jeffrey Goldsowrthy		106
4		Germany : balancing rights and duties by Donald P. Kommers		161
5		India : from positivism to structuralism by S. P. Sathe		215
6		South Africa : from constitutional promise to social transformation by Heinz Klug		266
7		Conclusions by Jeffrey Goldsworthy		321

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