Constitutionalism in Context

by David S. Law (Editor)

Overview

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.

Product Details

ISBN-13:	9781108447652
Publisher:	Cambridge University Press
Publication date:	10/20/2022
Series:	Comparative Constitutional Law and Policy
Pages:	610
Product dimensions:	7.01(w) x 10.00(h) x 1.26(d)

About the Author

David S. Law is the E. James Kelly, Jr. – Class of 1965 Research Professor of Law and Courtesy Professor of Politics at the University of Virginia, and Honorary Professor of Law (formerly Sir Y. K. Pao Chair in Public Law) at the University of Hong Kong. Trained as both a political scientist and a comparative law scholar, he has taught at universities around the world including Princeton, the University of Pennsylvania, Georgetown, Washington University in St. Louis, National Taiwan University, and Seoul National University. His widely translated work has been featured in a variety of international media, including front-page coverage in the New York Times.

Table of 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.

Editorial Reviews

'Having relied extensively on its draft chapters to teach comparative constitutional studies, I found this book to be an excellent and innovative pedagogical tool. The exploration of specific topics as deep contextual studies, and a truly ecumenical approach that escapes the gravitational pull exerted by a handful of jurisdictions in Euro-America, avoid two of the biggest pitfalls in our discipline.' Tarun Khaitan, Professor in Public Law and Legal Theory, Oxford

'Indispensable as a toolkit for scholars of comparative constitutionalism, as well as illuminating as regards the most pressing constitutional hotspots in the contemporary world.' Professor J. H. H. Weiler, University Professor, Co-Director, Jean Monnet Center for International and Regional Economic Law and Justice

'This book fills a longstanding gap in the field of comparative constitutional studies. Moving beyond the traditional menu of overly analyzed Western constitutions, each chapter takes on frontier issues in constitutional theory, focusing on underrepresented jurisdictions that offer new insights. The geographic diversity of case studies, interdisciplinary nature of the book’s approach, and flexibility of applications create novel opportunities for fruitful comparisons that ultimately generate constitutional possibilities for solving some of the seemingly intractable issues of our time.' Christie S. Warren, Professor of the Practice of International and Comparative Law

'The book provides a broad sweeping thematic analysis of constitutionalism. It fills gaps in the scholarship by stepping beyond ordinary boundaries of comparative constitutional law. Chapters are written by a diverse group of highly distinguished experts. This is an eminently valuable asset for both scholars and students alike, a major contribution to the literature. A must-read for anyone interested in constitutionalism.' Jaakko Husa, Professor of Law and Globalisation, Helsinki

‘Constitutionalism in Context is the rare work that simultaneously offers an accessible introduction for students, a thorough state of the research for graduate students, and pathbreaking essays for senior scholars. Professor David Law and his team have produced a tour de force that will occupy prominent places on the bookshelves (or hard drives) of every scholar interested in comparative constitutionalism.’ Mark Graber, University of Maryland

From the Publisher