Constitutionalism in Context

A broad-ranging, interdisciplinary, and context-rich exploration of the fields of constitutional studies and comparative constitutional law for research and teaching.

David S. Law (Edited by)

9781108447652, Cambridge University Press

Paperback / softback, published 20 October 2022

610 pages
25.4 x 17.8 x 3.2 cm, 1.126 kg

'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

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.

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.

Subject Areas: Constitutional & administrative law [LND], Comparative law [LAM], Central government policies [JPQB], Comparative politics [JPB]