Constitutionalism in Context
Series: Comparative Constitutional Law and Policy;
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Product details:
- Publisher Cambridge University Press
- Date of Publication 20 October 2022
- ISBN 9781108447652
- Binding Paperback
- No. of pages610 pages
- Size 255x175x30 mm
- Weight 1060 g
- Language English 507
Categories
Short description:
A broad-ranging, interdisciplinary, and context-rich exploration of the fields of constitutional studies and comparative constitutional law for research and teaching.
MoreLong description:
With its emphasis on emerging and cutting-edge debates in the study of comparative constitutional law and politics, its suitability for both research and teaching use, and its distinguished and diverse cast of contributors, this handbook is a must-have for scholars and instructors alike. This versatile volume combines the depth and rigor of a scholarly reference work with features for teaching in law and social science courses. Its interdisciplinary case-study approach provides political and historical as well as legal context: each modular chapter offers an overview of a topic and a jurisdiction, followed by a case study that simultaneously contextualizes both. Its forward-looking and highly diverse selection of topics and jurisdictions fills gaps in the literature on the Global South as well as the West. A timely section on challenges to liberal constitutional democracy addresses pressing concerns about democratic backsliding and illiberal and/or authoritarian regimes.
'Having relied extensively on its draft chapters to teach comparative constitutional studies, I found this book to be an excellent and innovative pedagogical tool. The exploration of specific topics as deep contextual studies, and a truly ecumenical approach that escapes the gravitational pull exerted by a handful of jurisdictions in Euro-America, avoid two of the biggest pitfalls in our discipline.' Tarun Khaitan, Professor in Public Law and Legal Theory, Oxford
Table of Contents:
Part I. Introduction to the Field: 1. Introduction: Pedagogy and conceptualization of the field David S. Law; 2. The state of the field Tom Ginsburg; 3. Methodology and research design Ran Hirschl; Part II. Concepts and Definitions: 4. Constitutions and constitutionalism: China Albert H. Y. Chen; Part III. Constitutional Drafting and Revision: 5. Constitution-making for divided societies: Afghanistan Clark B. Lombardi and Shamshad Pasarlay; 6. Constitutional history and constitutional migration: Nepal Mara Malagodi; 7. Constitutional transformation: Hungary Yaniv Roznai; 8. International law and constitution-making: Sudan Markus B&&&246;ckenf&&&246;rde; Part IV. Constitutional Adjudication and Interpretation: 9. Judicial review of constitutional amendments: Taiwan&&&160;David S. Law and Hsiang-Yang Hsieh; 10. Nonjudicial constitutional interpretation: Netherlands Maartje de Visser; 11. Transnational judicial communication: The European Union Elaine Mak and David S. Law; Part V. Rights: 12. Social and economic rights: Argentina Julieta Rossi and Daniel M. Brinks; 13. LGBTQ rights: Singapore Lynette J. Chua; 14. Indigenous rights: New Zealand Matthew S. R. Palmer; 15. Citizenship and nationality: Cyprus Achilles Emilianides and Christos Papastylianos; 16. Affirmative action: Brazil Adilson Jos&&&233; Moreira; Part VI. Structure: 17. Subnational constitutionalism: Hong Kong Cora Chan; 18. Electoral systems: Indonesia Simon Butt; 19. Fourth-branch institutions: South Africa Mark Tushnet; Part VII. Challenges to Liberal Democratic Constitutionalism: 20. Islamic Constitutionalism: Iran Mirjam K&&&252;nkler&&&160;and David S. Law; 21. Military influence on the constitutional order: Turkey Ozan O. Varol; 22. Constitutional backsliding: Colombia David Landau; 23. Privatization of constitutional law: Thailand Victor V. Ramraj and Thitinant Tengaumnuay.
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Constitutionalism in Context
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