The Migration of Constitutional Ideas

The migration of constitutional ideas across jurisdictions is rapidly emerging as one of the central features of contemporary constitutional practice. The use of comparative jurisprudence in constitutional interpretation is one example. But although constitutional migration has been identified at a descriptive level, many basic conceptual issues have received almost no scholarly attention. This is surprising given that comparative constitutional law is rapidly emerging as a major field within legal scholarship. The shortcoming of the existing literature, in part is a function of the basic methodology followed by most major studies - that static comparison of different constitutional systems, as opposed to the dynamic processes whereby constitutional systems influence each other. This volume will redress this gap in the critical literature. Contributors include leading figures in the study of comparative constitutionalism and comparative constitutional politics from North America, Europe and Australia.