Description
Book SynopsisThis book is a compilation of thematically arranged essays that critically analyze emerging developments, issues, and perspectives in the field of comparative law, especially in the field of comparative constitutional law. The book discusses limits and challenges of comparativism, comparative aspects of arbitral awards, cross-border consumer disputes, online hate speech, authoritarian constitutions, issues related to legal transplants, the indispensability of the idea of the concept of Rechtsstaat, interdisciplinary challenges of comparative environmental law, free exercise of religions, public interest litigation, constitutional interpretation and developments, and sustainable development in model BITs. It comprises seven parts, wherein the first part focuses on general themes of comparative law, the second part discusses private law through a comparative lens, and the third, fourth, and fifth parts examine aspects of public law with special focus on constitutional law, human rights, environmental law, and economic laws. The last part of the book covers recent developments in the field of comparative law. The book intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of law, legal systems, and legal cultures while aiding deliberations on the constituents of an ideal system of law.
Table of ContentsPart I Comparative Law: General Themes1 The Limits and Challenges of Comparativism Esin Örücü
2 The Curious Case of Overfitting Legal TransplantsMathias Siems
Part II Private Law3 The Concept of Arbitral Award under the New York Convention: A Comparative Study of English, French and Indian ApproachesRajesh Kapoor
4 A comparative assessment of the legal framework on cross-border consumer disputesWilliams C. Iheme
5 Sustainable Development Component in Model BITs - A Comparative AnalysisRubanya Nanda
Part III Public Law: Constitutional Law6 Proportionality – A Balancing Act for Achieving Constitutional Rights (A Comparative Study)Justice A.K. Sikri
7 Authoritarian Constitutions: Audience and Purposes Günter Frankenberg
8 Understanding the Contour and Context of the Rechtsstaat: A German ConceptMarkus Kotzur
9 Does Authoritarian Legality Work for China?Qianfan Zhang
10 Durham, Dyarchy, and Difference: India’s Constitutional DevelopmentKamala Sankaran
11 Relevance and Significance of Constituent Assembly Debates in Constitutional Interpretation: A Comparative Analysis with Reference to AmendmentsIshwara Bhat
Part IV Public Law: Human Rights12 The Regulation and Governance of Online Hate Speech in the Post-Truth Era: A European Comparative Perspective Kyriaki Topidi
13 Essential Religious Practices Test & The First Amendment: A Comparative Analysis of the Free Exercise of Religion in India and the United StatesArvind Kurian Abraham
14 Public Interest Litigation and Grievance Redressal: Combining “Macromanagement” and “Micromanagement” for Effective Socio-Economic Rights AdjudicationFlorian Matthey-Prakash
15 Another Perspective to Read the Picture of Lawyering for Change in ChinaWenjuan Zhang
16 “A Call for Order”: Intra-Disciplinary Challenges and ‘Comparative Environmental Law’ Akhilendra Pratap Singh
