Full Description
This thoroughly revised Second Edition provides a refreshed overview of comparative constitutional law and theory. Expert authors investigate the recent proliferation of instances in which the practice of constitutionalism has been compromised by various forms of democratic erosion.
New and updated chapters complement the first edition's illumination of key concepts in comparative constitutional theory with a specific focus on its connections to a rise in authoritarian rule. In the face of democratic backsliding, global authors underscore the question of design and investigate how constitutional governance can be enhanced to avert further democratic degradation. The Research Handbook is underpinned by an empirically based study of the core principles of constitutional practice within a cross-national context, including informative discussions on constitutionalism, fundamental rights, and constitutional identity. Notably, this book examines the degree to which illiberal constitutionalism has become an increasingly ominous presence in the (mal)functioning of political systems and acknowledges the pervasive condition of constitutional imperfection.
Exploring distinctive constitutional realities, this accessible Research Handbook is a crucial resource for scholars and students of constitutional theory, comparative law, and constitutional and administrative law. It is also a vital read for those interested in constitutional design and interpretation.
Contents
Contents
1 Introduction: the comparative turn in constitutional theory and the crisis of
democratic erosion 1
Gary Jacobsohn and Miguel Schor
PART I CONSTITUTIONALISM AND DEMOCRATIC EROSION
2 Illiberal constitutionalism: viable alternative or nemesis of the modern
constitutional ideal? 23
Michel Rosenfeld
3 Transitional justice, transitional constitutionalism and constitutional
culture 43
Gábor Halmai
4 Militant democracy and constitutional identity 64
Jan -Werner Müller
5 Race and American constitutional exceptionalism 84
Mark A. Graber
PART II CONSTITUTIONAL STRUCTURE AND RIGHTS
6 American constitutional exceptionalism and democratic erosion 114
Miguel Schor
7 What is judicial supremacy? 138
Stephen Gardbaum
8 Federalism and constitutional theory 164
Stephen Tierney
9 The constitutional significance of human dignity: what exactly? 184
Jacob Weinrib
10 Social rights in comparative constitutional theory 204
Jeff King
11 Text and democracy: theoretical approaches to religious liberty cases in the
United States Supreme Court and the European Court of Human Rights 229
Howard Schweber
12 Consensus, conflict, and complementarity: a global perspective on the
freedom of expression 255
Ronald J. Krotoszynski Jr.
PART III
CONSTITUTIONAL INTERPRETATION
13 Legal pragmatism and comparative constitutional law 290
David Landau
14 Beyond the principle of proportionality 313
Victor Ferreres Comella
15 The unwritten constitution 332
Janet McLean
PART IV
CONSTITUTIONAL CHANGE
16 Constitutional theory in a comparative context 352
Adrienne Stone and Lael K. Weis
17 'We the people', 'oui, the people' and the collective body: perceptions of
constituent power 369
Yaniv Roznai
18 Amendment theory and constituent power 393
Mark Tushnet
19 Theorising about formal constitutional change: the case of Latin America 410
Joel I. Colón-Ríos
20 Anchoring and sailing: contrasting imperatives of constitutional revolution 433
Gary Jeffrey Jacobsohn
21 Reception, context, and identity: a theory of cross-national jurisprudence 455
Heinz Klug
