Full 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.
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 Böckenförde; Part IV. Constitutional Adjudication and Interpretation: 9. Judicial review of constitutional amendments: Taiwan 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 José 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 Künkler 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.
