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Judul Interpreting Constitutions : A Comparative Study
Pengarang Edited by Jeffrey Goldsworthy
Penerbitan New York Routledge-Cavendish 2006
Deskripsi Fisik xvii, 353p.; 24 cm.24 cm.
ISBN 0199274134
Subjek Constitutional law - Methodology
Constitutional law - Philosophy
Abstrak This book describes six major national constitutions 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 originalism, non-originalism, positivism, and normativism. 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. It also includes a concluding chapter that compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional, and political circumstances. The period bracketed by the dramatic moments of 1937 and 1954, written off as a forgotten time of failure and futility, was in reality the first phase of modern struggles to define the constitutional order that will dominate the twenty - first century.
Catatan Indeks : p.347-353
Bahasa Inggris
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No Barcode No. Panggil Akses Lokasi Ketersediaan
00000011563 342.02/GOL/I Dapat dipinjam Perpustakaan Lantai 3 - Mahkamah Konstitusi RI Tersedia
pesan
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020 $a 0199274134
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100 0 $a Edited by Jeffrey Goldsworthy
245 0 0 $a Interpreting Constitutions : A Comparative Study
260 $a New York $b Routledge-Cavendish $c 2006
300 $a xvii, 353p.; 24 cm.$c 24 cm.
500 $a Indeks : p.347-353
520 $a This book describes six major national constitutions 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 originalism, non-originalism, positivism, and normativism. 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. It also includes a concluding chapter that compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional, and political circumstances. The period bracketed by the dramatic moments of 1937 and 1954, written off as a forgotten time of failure and futility, was in reality the first phase of modern struggles to define the constitutional order that will dominate the twenty - first century.
650 0 $a Constitutional law - Methodology
650 0 $a Constitutional law - Philosophy
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