Constitutional Engagement in a Transnational Era

Constitutional Engagement in a Transnational Era

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Constitutional law in the United States and around the world now operates within an increasingly transnational legal environment of international treaties, customary international law, multilateral and bilateral agreements, a supranational infrastructure of trade law and human rights law, and increased comparative judicial awareness, reflected in increasing cross-national references in constitutional court decisions around the world. The constellation of legal orders in which established constitutional regimes operate has thus changed - there are more bodies generating law, there are more international agreements, there are more multi-national interactions and transactions that bring into view various legal orders. How, if at all, do these multiple transnational phenomena (including national law that has influence beyond its borders, as well as an expanded array of international law) affect our understanding of the role of constitutions and of courts in deciding constitutional cases? Constitutional Engagement in a Transnational Era explores the role of constitutions and constitutional law, focusing primarily on the United States, Australia, Canada, France, Germany, India, Israel, South Africa and the United Kingdom, within and in relationship to this increasingly transnational legal environment.show more

Product details

  • Hardback | 536 pages
  • 158 x 238 x 40mm | 879.96g
  • Oxford University Press Inc
  • New York, United States
  • English
  • 0195333446
  • 9780195333442
  • 1,341,937

Review quote

"There is no better scholar today than Vicki Jackson in helping us understand and appreciate the growing relationship between American constitutional law and the law of the rest of the world. This promises to be the leading book in this great debate." --David Fontana, George Washington University School of Law"Jackson's book is an inspired invitation to enter into a global constitutional conversation...The book is of momentous importance not only to ongoing debates about resort to foreign and international law within the United States, but to the work of high courts elsewhere in the world." --David Schneiderman, Faculty of Law, University of Toronto "Comparative study is the new frontier in constitutional law scholarship, and Vicki Jackson provides a thoughtful way into it, dismissing simple surrender to comparativism as well as dogmatic opposition. Hers is a fascinating new approach to comparative constitutional law that will engage us for many years." --Justice Daphne Barak-Erez, Supreme Court of Israel "Impressive in both its breadth and depth, Professor Jackson'sELmeasured approach to judicial engagement with the transnational suggests a way forward in a public debate that has been polarized for far too long." --Melissa Waters, American journal of Comparative Law "There is no better scholar today than Vicki Jackson in helping us understand and appreciate the growing relationship between American constitutional law and the law of the rest of the world. This promises to be the leading book in this great debate." --David Fontana, George Washington University School of Law"Jackson's book is an inspired invitation to enter into a global constitutional conversation...The book is of momentous importance not only to ongoing debates about resort to foreign and international law within the United States, but to the work of high courts elsewhere in the world." --David Schneiderman, Faculty of Law, University of Toronto "Comparative study is the new frontier in constitutional law scholarship, and Vicki Jackson provides a thoughtful way into it, dismissing simple surrender to comparativism as well as dogmatic opposition. Hers is a fascinating new approach to comparative constitutional law that will engage us for many years." --Justice Daphne Barak-Erez, Supreme Court of Israel "Impressive in both its breadth and depth, Professor Jackson'sELmeasured approach to judicial engagement with the transnational suggests a way forward in a public debate that has been polarized for far too long." --Melissa Waters, American journal of Comparative Law "Vicky Jackson has written the excellent book that we expected from her...This book brings to maturity all her thoughts on the relevance of transnational law for purposes of interpreting domestic constiutions. The book develops a long but well-structured argument, one that is filled with many interesting and illuminating examples...I am deeply sympathetic with the engagement model that Jackson has articulated in this book. And I think her plea for intellectual modesty and sensitivity to context is particularly welcome." --Victor Ferreres Comella, Cambridge Journalsshow more

About Vicki C. Jackson

Vicki C. Jackson is the Carmack Waterhouse Professor of Constitutional Law at the Georgetown University Law Center, where she teaches courses in constitutional law, comparative constitutional law, federal courts, the Supreme Court, and on gender-related subjects. She previously served as a Deputy Assistant Attorney General in the Office of Legal Counsel in the U.S. Department of Justice (2000-01); as a member of the D.C. Bar Board of Governors (1999-2002); as a co-chair of the Special Committee on Gender of the D.C. Circuit Task Force on Gender, Race and Ethnic Bias r s92-95), and a member of the D.C. Circuit Advisory Committee on Procedures (1992-98). Professor Jackson is a co-author with Professor Mark Tushnet of a Comparative Constitutional Law course book, and currently serves as an Articles Editor for I.Con, the International Journal of Constitutional Law. Her articles on federalism, sovereign immunity and the 11th Amendment, and gender equality have appeared in the Harvard Law Review, Yale Law Journal, Georgetown Law Review, and other scholarly journals. Her research interests include comparative constitutional law, comparative federalism, and freedom of expression.show more

Table of contents

Introductory Chapter ; Part I: Resistance, Convergence, Engagement ; Chapter 1: Resistance and Differentiation ; Chapter 2: Convergence and Harmonization ; Chapter 3: Engagement ; Part II: Why the U.S. Should Engage ; Chapter 4 Introduction to Part II ; Chapter 5: The U.S. and Older Constitutional Orders ; Chapter 6: Federalism as a Factor ; Chapter 7: Engagement and individual rights ; Chapter 8: Constitutions as Mediating Institutionsshow more