Constitutional Engagement in a Transnational Era

Constitutional law in the United States and around the world now operates within an increasingly transnational legal environment of international treaties, customary international law, supranational infrastructures of human rights and trade law, and growing comparative judicial awareness. This new environment is 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 changed - there are more bodies generating law, more international legal sources, and more multi-national interactions that bring into view various legal orders. How do these transnational phenomena affect our understanding of the role of constitutions and of courts in deciding constitutional cases? Constitutional Engagement in a Transnational Era explores this question, looking at constitutional court decisions from around the world, and identifying postures of resistance, convergence or engagement with international and foreign law. For the United States, the book argues for cautious engagement by the Supreme Court with transnational sources of law in interpreting the national constitution. Constitutional Engagement in a Transnational Era offers law school students and professors an authoritative study of comparative constitutional law by one of the most important scholars of domestic and comparative constitutional law. The book defines how international comparative experiences are relevant to constitutional analysis and discusses in detail the multiple possible connections between international law and constitutional law including a comparative overview of constitutional law in Australia, Canada, France, Germany, India, Israel, South Africa, the United Kingdom, and the United States.

Acknowledgments and Permissions ; A Note to Readers on Citations and Abbreviations ; INTRODUCTION: CONSTITUTIONAL COSMOLOGY - CONVERGENCE, RESISTANCE, AND ENGAGEMENT ; CHAPTER 1: RESISTING THE TRANSNATIONAL ; CHAPTER 2: CONVERGENCE WITH THE TRANSNATIONAL ; CHAPTER 3: ENGAGEMENT WITH THE TRANSNATIONAL ; CHAPTER 4: CONSTITUTIONAL ADJUDICATION IN THE U.S. SUPREME COURT: WHY ENGAGE THE TRANSNATIONAL? ; CHAPTER 5: ENGAGEMENT, U.S. INTERPRETIVE THEORY, AND MULTIFUNCTIONAL ; CONSTITUTIONS ; CHAPTER 6: ENGAGING THE TRANSNATIONAL: A CONTEXTUAL FRAMEWORK ; CHAPTER 7: ENGAGEMENT, EQUALITY, AND OLDER CONSTITUTIONS ; CHAPTER 8: CONSTITUTIONAL PARTICULARITIES, FEDERALISM, AND THE TRANSNATIONAL ; CHAPTER 9: CONSTITUTIONS AS MEDIATING INSTITUTIONS, TRANSNATIONAL CONSTITUTIONAL VALUES, AND ENGAGEMENT IN TWENTY-FIRST CENTURY CONSTITUTIONAL INTERPRETATION ; Notes ; Table of Cases ; Index