CONSTITUTIONAL IDENTITY by Gary Jeffrey Jacobsohn ( 9780674047662 )

Item Details

Title:

CONSTITUTIONAL IDENTITY

By:

Gary Jeffrey Jacobsohn

Format:

Hardback

List price:

£50.95

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£39.74

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22% off

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£11.21

ISBN 10:

0674047664

ISBN 13:

9780674047662

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Publisher:

HARVARD UNIVERSITY PRESS

Pub. date:

1 October, 2010

Pages:

388

Description:

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.

Synopsis:

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?

Publication:

Imprint:

Harvard University Press

Returns:

Returnable

Some other items by this author:

CONSTITUTIONAL REVOLUTION (HB)

DIVERSITY AND CITIZENSHIP (HB)

DIVERSITY AND CITIZENSHIP (PB)