Comparative Constitutional History : Volume One: Principles, Developments, Challenges (History of European Political and Constitutional Thought)

Biagi, Francesco (EDT)/ Frosini, Justin O. (EDT)/ Mazzone, Jason (EDT)

Brill（2020/07発売）

• 製本 Hardcover:ハードカバー版／ページ数 288 p.
• 言語 ENG
• 商品コード 9789004392113
• DDC分類 342.029

Full Description

While comparative constitutional law is a well-established field, less attention has been paid so far to the comparative dimension of constitutional history. The present volume, edited by Francesco Biagi, Justin O. Frosini and Jason Mazzone, aims to address this shortcoming by bringing focus to comparative constitutional history, which holds considerable promise for engaging and innovative work along several key avenues of inquiry. The essays contained in this volume focus on the origins and design of constitutional governments and the sources that have impacted the ways in which constitutional systems began and developed, the evolution of the principle of separation of powers among branches of government, as well as the origins, role and function of constitutional and supreme courts.

Contributors: Mark Somos, Gohar Karapetian, Justin O. Frosini, Viktoriia Lapa, Miguel Manero de Lemos, Francesco Biagi, Catherine Andrews, Gonçalo de Almeida Ribeiro, Mario Alberto Cajas-Sarria, and Fabian Duessel.

Contents

Acknowledgments

Notes on Contributors

Introduction

 Francesco Biagi, Justin O. Frosini and Jason Mazzone

Part 1

Constitutional Origins

1 George Bancroft in Göttingen: an American Reception of German Legal Thought

 Mark Somos

2 Uniformity and Diversity. a Confrontation between French and Dutch Thought on Citizenship

 Gohar Karapetian

3 The Historical and Legal Significance of Constitutional Preambles: a Case Study on the Ukrainian Constitution of 1996
 Justin O. Frosini and Viktoriia Lapa

4 How the Court of Final Appeal of Hong Kong Should Re-assert Its Power to Review Acts of the Standing Committee

 Miguel Manero de Lemos

Part 2

Challenges of Executive and Legislative Power

5 The Separation of Powers and Forms of Government in the mena Region Following the "Arab Spring": a Break with the Past?

 Francesco Biagi

6 'The Constitution Will Be Our Last Hope in the Momentary Storm.' Institutions of Constitutional Protection and Oversight in Mexico and Their Contribution to Atlantic Constitutional Thought (1821-1841)
 Catherine Andrews

Part 3

Judicial Authority and Its Limits

7 Judicial Review of Legislation in Portugal: Genealogy and Critique

 Gonçalo de Almeida Ribeiro

8 Defending the Judiciary? Judicial Review of Constitutional Amendments on the Judiciary in Colombia

 Mario Alberto Cajas Sarria

9 Direct Individual Access to Constitutional Justice in South Korea and Taiwan

 Fabian Duessel

Index