Full Description
This volume addresses the important, but under-noticed, question of the impact of state size and scale for constitutional law and governance, and brings together leading global scholars to focus on the lessons from a range of small states and jurisdictions in this context.
Often, the best way to understand the effect of scale is to examine states where scale is demonstrably lacking. Doing so allows a form of "reflective" comparison that provides greater insight and clarity into the significance of state size, and constitutional scale, as a factor affecting a range of democratic constitutional outcomes. The volume also explicitly invites critical reflection on, and problematisation of, the issues of line-drawing and boundary definition around notions of state and jurisdictional size.
The collection features contributions by scholars from a wide range of jurisdictions, living and working across the Global South and North, and includes attention to the constitutional experiences of small states and jurisdictions in Europe, Africa, Asia, South America, the Caribbean and Oceania that have not received much coverage in the literature. As such, it makes a meaningful contribution to regionally-focused constitutional debates. This is especially significant in the Caribbean and Oceania, where a large percentage of states are small states, and there is only a limited body of constitutional scholarship focusing on the constitutional experiences of such jurisdictions. More generally, this volume will be of interest to audiences working in and interested in small states generally, as well as a broader comparative audience interested in issues of scale in constitutional design and implementation.
Contents
1. Introduction: Small States and Constitutional Law, Elisabeth Perham (University of New South Wales, Australia), Maartje De Visser (Singapore Management University) and Rosalind Dixon (University of New South Wales, Australia)
Part I: Identity, Culture and Belonging
a. Identity, Creation, Survival and Stateness
2. Dyadic Caribbean Constitutions, Tracy Robinson (University of the West Indies, Jamaica)
3. Spectrums of Stateness: Constitutional Relations Among the Constituent Countries of the Kingdom of the Netherlands, Maartje De Visser (Singapore Management University) and Elisabeth Perham (University of New South Wales, Australia)
4. Potential Future Small States: the case of New Caledonia and French Polynesia, Hervé Raimana Lallemant-Moe (University of French Polynesia)
5. Traditional Constitutional Arrangements and the Separation of Powers: A Difficult Relationship in Continental Europe Micro Jurisdictions, Elisa Bertolini (Bocconi University, Italy)
6. The Fundamental Law of Vatican City State: Hidden Treasures in the Constitution of the World's Smallest State, Conor Casey (University of Surrey, UK)
b. Legal Culture and Pluralism
7. Small-state Constitutionalism and Legal Pluralism: Logging and Mining Governance in Suriname, Ine Apapoe (Anton de Kom University of Suriname) and Janine Ubink (Leiden University, The Netherlands)
8. Constitutional Weaving in Tonga, A Small State with Traditional Authority - A Theoretical Framework for Tonga's Constitutionalism, Mele Tupou Vaitohi (Victoria University of Wellington, New Zealand)
9. The Authoritarian Swazi King, Custom and the Constitution of Eswatini, Sinethemba Memela (University of New South Wales, Australia)
c. Citizenship, Belonging and Regional Integration
10. The Construction of Constitutional Identity(ies) by the Caribbean Court of Justice, Se-shauna Wheatle (Durham University, UK)
11. A European Union style Pacific common market? Petra Butler (University of Canterbury, New Zealand) and Sam McIntosh (High Court of New Zealand)
12. Freeing Up the Movement of People: An Incremental Strategy for African Citizenship, Ada Ordor (University of Cape Town, South Africa) and Victor Amadi (University of Cape Town, South Africa)
Part II: State Design and Operation
a. Separation of Powers and Checks and Balances / Closeness and Contestation
13. Multitasked Office in Pacific Constitutions, Anna Dziedzic (International IDEA, Australia)
14. Niue: The Constitutional Journey, Tony Angelo (Victoria University of Wellington, New Zealand) and Jennifer Corrin (University of Queensland, Australia)
15. Not the Usual Suspects - Executive Dominance in Seychelles and the Developing Institutions that Could Counter it, Joelle Barnes (University of Cape Town, South Africa)
16. 'At His Majesty's Pleasure': the Constitution, Law and Ideology in the Small Sultanate of Brunei Darussalam, Ann Black (University of Queensland, Australia)
17. The struggle for democratic government in Malta, John Stanton (City St George's, University of London, UK)
b. Mediating Division
18. Mauritius and Constitutionalism: The Interplay of Smallness, International Relations, and Constitutional Dynamics, Tony Angelo Victoria University of Wellington, New Zealand) and Sabir Kadel (Mauritius Law Reform Commission)
19. A Tale of Self-Fulfilling Constitutional Failure: ?he Role of "Smallness" in the Cyprus Constitutional Breakdown of 1963, Christos Papastylianos (University of Nicosia, Cyprus)
