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Constitutional bargains are seen as cornerstones of democratic transitions in much of the world. Yet very few studies have theorized about the link between constitution-making and democratization. Shifting the focus on democratization away from autocratic regime break...
The subject of this book is the social and political meaning of constitutional texts to the detriment of their legal concretization. Focusing on the discrepancy between the hypertrophically symbolic function of constitutions and their insufficient legal concretization,...
Around the world, populist parties have sprung up in formerly and formally liberal-democratic polities, challenging their existing political parties and leaders, and frequently overwhelming them. These challenges and successes were rarely predicted, arriving so soon...
We live in a pluralist world of multi-level law and governance. More than ever before multiple legal systems and governing authorities at different levels - sub-state, state, supranational, international - are recognized as applying to, and claiming authority over, the...
This volume focuses on constitutional ratification, the procedure in which a draft constitution is submitted by its creators to the people or their representatives in an up or down vote determining implementation. Ratification is increasingly common and routinely...
Despite the growing scholarly interest in comparative public law, there remain relatively few works on the subject. Contemporary French Administrative Law aims to redress that imbalance, offering English-language readers an authoritative introduction to the key features...
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...
The Ireland-Northern Ireland Protocol, part of the Withdrawal Agreement concluded between the European Union and the United Kingdom, is intended to address the difficult and complex impact of Brexit on the island of Ireland, North and South, and between Ireland and...
Within democratic states, parliaments have always been regarded as playing a pivotal role in the creation of rules. Through its composition, parliament represents the opinions and interests of society, which it serves through the legislative process. But in an...
In recent years, the procedural rules of global governance institutions have come under scrutiny from scholars worldwide and have been conceptualized as akin to domestic administrative law. However, one question has so far not been addressed: who shapes this procedure...
Political disagreement is a fact of life. It can prompt people to stand for public office and agitate for political change. Others take a different route; they start their own nation. Micronations and the Search for Sovereignty is the first comprehensive examination of...
Constitutional law in Latin America embodies a mosaic of national histories, political experiments, and institutional transitions. No matter how distinctive these histories and transitions might be, there are still commonalities that transcend the mere geographical...
Over the last decade, the Supreme Court of Pakistan has emerged as a powerful and overtly political institution. While the strong form of judicial review adopted by the Supreme Court has fostered the perception of a sudden and ahistorical judicialisation of politics,...
This comparative study of the constitutional jurisprudence of three East Asian jurisdictions investigates how the rulings of the Constitutional Court of Taiwan, the Constitutional Court of Korea and the Hong Kong Court of Final Appeal have converged. The unique...
"Legitimation by Constitution" is the phrase, coined by distinguished authors Frank Michelman and Alessandro Ferrara, for a key idea in Rawlsian political liberalism of a reliance on a dualist form of democracy-a subjection of ground-level lawmaking to the constraints...
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