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Routledge Handbook of Comparative Constitutional Change

Routledge Handbook of Comparative Constitutional Change

  • 作者:
  • 出版商: Routledge
  • ISBN: 9780367500856
  • 出版时间 February 2022
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781138496644
HKD 537.00
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  • 描述 
  • 大纲 
  • 详细

    Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change.

    Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.

  • 1. Introduction. Comparative constitutional change: a new academic field
    Xenophon Contiades and Alkmene Fotiadou
    PART I. The study of comparative constitutional change: theoretical and methodological aspects
    2. Comparative methodology and constitutional change
    Jaakko Husa
    3. Order from chaos? Typologies and models of constitutional change
    Oran Doyle
    4. Constitutional endurance
    Tom Ginsburg
    5. Constitutional amendment versus constitutional replacement: an empirical comparison
    David S. Law and Ryan Whalen
    6. Varieties of liberal constitutionalism
    Mark Tushnet
    PART II. Formal constitutional change
    7. Formal amendment rules: functions and design
    Richard Albert
    8. Constitutional design through amendment
    Manfred Stelzer
    9. The uses and abuses of constitutional unamendability
    Yaniv Roznai
    10. Federalism and constitutional change
    Nathalie Behnke and Arthur Benz
    11. Participatory constitutional change: constitutional referendums
    Eoin Carolan
    PART III. Informal constitutional change
    12. Political practice and constitutional change
    David Feldman
    13. Judge-made constitutional change
    Joel I. Colón-Ríos
    14. Global values, international organizations and constitutional change
    Helle Krunke
    15. Crises, emergencies and constitutional change
    Giacomo Delledonne
    16. The material study of constitutional change
    Marco Goldoni and Tarik Olcay
    PART IV. Contemporary challenges in the theory and practice of comparative constitutional change
    17. Constituent power and European constitutionalism
    Chris Thornhill
    18. Populism and constitutional change
    Paul Blokker
    19. The democratic backsliding in the European Union and the challenge of constitutional design
    Tomasz Tadeusz Koncewicz
    20. Constitution and self-determination
    Zoran Oklopcic
    21. Gender in comparative constitutional change
    Silvia Suteu
    PART V. Case studies: distinct profiles of constitutional change
    22. The future of UK constitutional law
    Robert Blackburn
    23. Constitutional change in Australia: the paradox of the frozen continent
    Elisa Arcioni and Adrienne Stone
    24. Preservationist constitutional change in Latin America: the cases of Chile and Brazil
    Juliano Zaiden Benvindo
    25. Informal constitutional change in unlikely places: the case of South Africa
    James Fowkes
    26. Constitutional changes in Japan
    Yasuo Hasebe

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