Towering Judges: A Comparative Study of Constitutional Judges

by Rehan Abeyratne (Editor), Iddo Porat (Editor)

Overview

In Towering Judges: A Comparative Study of Constitutional Judges, Rehan Abeyratne and Iddo Porat lead an exploration of a new topic in comparative constitutional law: towering judges. The volume examines the work of nineteen judges from fourteen jurisdictions, each of whom stood out individually among their fellow judges and had a unique impact on the trajectory of constitutional law. The chapters ask: what makes a towering judge; what are the background conditions that foster or deter the rise of towering judges; are towering judges, on balance, positive or detrimental for constitutional systems; how do towering judges differ from one jurisdiction to another; how do political and historical developments relate to this phenomenon; and how does all of this fit within global constitutionalism? The answers to these questions offer important insight into how these judges were able to shine to an uncommon degree in a profession where individualism is not always looked on favourably.

Product Details

ISBN-13:	9781108887991
Publisher:	Cambridge University Press
Publication date:	03/25/2021
Series:	Comparative Constitutional Law and Policy
Sold by:	Barnes & Noble
Format:	eBook
File size:	3 MB

About the Author

Rehan Abeyratne is an Associate Professor of Law and Executive Director of the Centre for Comparative and Transnational Law at The Chinese University of Hong Kong. His research focuses on comparative constitutional law. His published works have appeared in leading peer-reviewed journals and in edited volumes from Cambridge University Press and other scholarly publishers.
Iddo Porat is an Associate Professor of Law at the College of Law and Business, Israel. He specializes in constitutional law, comparative constitutional law and legal theory. His books include Proportionality and Constitutional Culture (with Moshe Cohen-Eliya, Cambridge 2013).

Table of Contents

Introduction Rehan Abeyratne and Iddo Porat; 1. Towering judges and global constitutionalism Iddo Porat; 2. The landscapes that towering judges tower over Mark Tushnet; 3. Sir Anthony Mason: towering over the high court of Australia Gabrielle Appleby and Andrew Lynch; 4. Canada's most towering judge of all; 5. Lady Hale: a feminist towering judge Rosemary Hunter and Erika Rackley; 6. Hugh Kennedy: Ireland's (quietly) towering nation-maker Tom Daly; 7. Judicial rhetoric of a liberal policy: Hong Kong, 1997–2012 C. L. Lim; 8. Judicial minimalism as towering: Singapore's chief justice Chan Sek Keong Jaclyn L Neo and Kevin Y. L. Tan; 9. Nepal's most towering judge: the honourable Kalyan Shrestha Mara Malagodi; 10. Barak's legal revolutions and what remains of them: authoritarian abuse of the judiciary-empowerment revolution in Israel Alon Harel; 11. P. N. Bhagwati and the transformation of India's judiciary Rehan Abeyratne; 12. Justice Cepeda's institution-building on the Colombian constitutional court: a fusion of the political and the legal David Landau; 13. A towering but modest judicial figure: the case of Arthur Chaskalson Dennis M Davis; 14. Chief justice Sólyom and the paradox of 'revolution under the rule of law' Gábor Attila Tóth; 15. The socialist model of individual judicial powers Bui Ngoc Son; 16. The civil law tradition, the Pinochet constitution, and judge Eugenio Valenzuela Sergio Verdugo; 17. Towering versus collegial judges: a comparative reflection Rosalind Dixon; Appendix; Index.

Editorial Reviews

‘An important, fascinating and sophisticated discussion of the capacity of a larger than life judge to impact a legal system. Iddo Porat, Rehan Abeyratne, and a team of superstar scholars explore the different ways in which one person in a position of judicial authority can and cannot bring about fundamental legal change.’ Mark Graber, Regents Professor, University System of Maryland; Author of A New Introduction to American Constitutionalism

‘This book addresses an under-researched area of comparative constitutional law: leadership in the judiciary. The accounts of the towering judges contained here are not only fascinating portraits of extraordinary judges but read together they illustrate how important leadership is to the work of senior appellate courts and judiciaries.’ Catherine O'Regan, Former Judge, Constitutional Court, South Africa; Director, Bonavero Institute of Human Rights, University of Oxford; Honorary Professor, University of Cape Town

‘A book about leading jurists in constitutional courts around the world offers an instructive path to greater understanding of comparative constitutional problems and comparative judicial reasoning. This work has the additional strength of covering a wide range of courts, some of which are familiar but many of which feature less often in global studies. It is a welcome addition to the field.’ Cheryl Saunders, Laureate Professor Emeritus, and Co-Director of Studies, Public and International Law, Melbourne Law School; President Emeritus of the International Association of Constitutional Law

From the Publisher