
Contents
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I. The History of Comparative Constitutional Law I. The History of Comparative Constitutional Law
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II. Comparative Constitutional Law: Uses, Purposes, and Challenges II. Comparative Constitutional Law: Uses, Purposes, and Challenges
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1. Uses 1. Uses
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2. Purposes 2. Purposes
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3. Challenges 3. Challenges
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III. Constitutional Borrowing and Transplantation III. Constitutional Borrowing and Transplantation
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IV. Methodology IV. Methodology
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V. Structure and Organization of the Handbook V. Structure and Organization of the Handbook
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Introduction
Get accessMichel Rosenfeld is Justice Sydney L. Robins Professor of Human Rights and Director, Program on Global and Comparative Constitutional Theory, Benjamin N. Cardozo School of Law
András Sajó is Judge, European Court of Human Rights, Strasbourg and University Professor (on leave), Central European University, Budapest
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Published:21 November 2012
Cite
Extract
The purpose of the present volume is to provide an overview of the current status of comparative constitutional law as a discipline and an accounting of fundamental constitutional developments, concepts, and debates as they emerge through the lenses of the said discipline. The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and center. The prominence and visibility of the field, both among judges and scholars has grown exponentially, particularly in the last decade. Even in the United States, where domestic constitutional exceptionalism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the US Supreme Court.1
The rapid growth and expansion of the field was propelled by the transitions to constitutional democracy in Eastern and Central Europe after the fall of the Berlin Wall in 1989, followed by the making of many constitutions in the 1990s, including in South Africa and in many South American countries. Many of these new constitutions have ‘imported’ constitutional norms from abroad—the South African Constitution explicitly mandates that the country’s Constitutional Court consider foreign law when interpreting the domestic Bill of Rights—and many of the considered foreign constitutions have explicitly refrained from incorporating some of the latter’s provisions into their new constitution.2
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