Description
Designed for use in law school courses, Comparative Constitutional Law introduces fundamental debates on the nature of constitutions, constitutional comparison, and the relationships between constitutions and constitutionalism in its various forms. The book explores how constitutions are made and changed, including recent applications of "unconstitutional constitutional amendment" doctrines, and the role of different institutions - legislatures, executives, publics, as well as courts - in constitutional interpretation and constitutional change. Following a detailed study of the structure and interpretive approaches of national apex courts that decide constitutional questions, the book goes on to consider six subject areas of importance in contemporary constitutionalism: separation of powers and emergencies; federalism and related consociational constitutional arrangements; equality and pluralism; religion; free expression; and positive rights or duties. Including excerpts of cases and scholarly material from the Global South, Europe, and North America, this volume emphasizes the need to understand the broader sociolegal contexts in which constitutional design and decisions occur. In response to growing trends of democratic retrogression in courts around the world, this new edition provides expanded coverage of abusive constitutionalism, authoritarianism, and illiberalism. It additionally offers insightful discussions on constitutional actors' responses to the COVID-19 pandemic; gender and LGBTQ+ equality issues; and indigenous peoples' rights and environmental rights.Providing an overview of constitutional law that is both comprehensive and accessible, the fourth edition of Comparative Constitutional Law is an invaluable resource for law students and academics.
Table of Contents
Chapter I - IntroductionChapter II - What Is Comparative Constitutional Law?Chapter III - Constitutions and ConstitutionalismChapter IV - Creating and Amending ConstitutionsChapter V - Constitutional Entrenchment, Courts and DemocracyChapter VI - Constitutional Courts: Structure and ProcedureChapter VII - Separation of Powers: Governments, Courts and Emergency PowersChapter VIII - Federalism: Power Sharing and Minority ProtectionChapter IX - Pluralism, Rights, and EqualityChapter X - Religious Pluralism and Constitutional LawChapter XI - Freedoms of Expression and Association
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