In "Constitutional Identity," Gary Jeffrey Jacobsohn argues that a constitution acquires an identity through experience from a mix of the political aspirations and commitments that express a nation s past and the desire to transcend that past. It is changeable but resistant to its own destruction, and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States.
Jacobsohn argues that the presence of disharmony both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate is critical to understanding the theory and dynamics of constitutional identity. He explores constitutional identity s great practical importance for some of constitutionalism s most vexing questions: Is an unconstitutional constitution possible? Is the judicial practice of using foreign sources to resolve domestic legal disputes a threat to vital constitutional interests? How are the competing demands of transformation and preservation in constitutional evolution to be balanced?
Or split into 4x interest-free payments of 25% on orders over R50
Learn more
In "Constitutional Identity," Gary Jeffrey Jacobsohn argues that a constitution acquires an identity through experience from a mix of the political aspirations and commitments that express a nation s past and the desire to transcend that past. It is changeable but resistant to its own destruction, and manifests itself in various ways, as Jacobsohn shows in examples as far flung as India, Ireland, Israel, and the United States.
Jacobsohn argues that the presence of disharmony both the tensions within a constitutional order and those that exist between a constitutional document and the society it seeks to regulate is critical to understanding the theory and dynamics of constitutional identity. He explores constitutional identity s great practical importance for some of constitutionalism s most vexing questions: Is an unconstitutional constitution possible? Is the judicial practice of using foreign sources to resolve domestic legal disputes a threat to vital constitutional interests? How are the competing demands of transformation and preservation in constitutional evolution to be balanced?
Imprint | Harvard University Press |
Country of origin | United States |
Release date | October 2010 |
Availability | Supplier out of stock. If you add this item to your wish list we will let you know when it becomes available. |
First published | October 2010 |
Authors | Gary Jeffrey Jacobsohn |
Dimensions | 235 x 156 x 29mm (L x W x T) |
Format | Hardcover - Cloth over boards / With printed dust jacket |
Pages | 388 |
ISBN-13 | 978-0-674-04766-2 |
Barcode | 9780674047662 |
Categories | |
LSN | 0-674-04766-4 |