Books in the Comparative Constitutional Law and Policy series

With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.

Judicial councils and other judicial self-government bodies have become a worldwide phenomenon. Democracies are increasingly turning to them to insulate the judiciary from the daily politics, enhance independence and ensure judicial accountability. This book investigates the different forms of accountability and the taxonomy of mechanisms of control to determine a best practice methodology. The author expertly provides a meticulous analysis, using over 800 case studies from the Czech and Slovak disciplinary courts from 1993 to 2010 and creates a systematic framework that can be applied to future cases.

This book is an empirical study of contributions by courts in the Global South to comparative constitutionalism. It offers an analytical framework for understanding these constitutional innovations and illustrates them with a qualitative study of the most ambitious case in constitutional adjudication in Latin America over the last decade: the Colombian Constitutional Court's structural injunction affecting the rights of over five million internally displaced people and its implementation process. Although the ruling (known as T25) was handed down in 2004, its monitoring process continues. This book traces the case's evolution from its origin to its effects on policy, politics and public opinion. It also compares the implementation and effects of T25 with those of other rulings on the rights to health, food, housing, and prison overcrowding in Colombia, India and South Africa. The study's insights will be of interest to scholars of comparative constitutionalism in Latin America, Africa and Asia.

Many of us take for granted the idea that the right to religious freedom should be protected in a free, democratic polity. This book challenges whether the protection and privilege of religious belief and identity should be prioritized over any other right. By studying the effects of constitutional promises of religious freedom and establishment clauses, Frank B. Cross sets the stage for a set of empirical questions that examine the consequences of such protections. Although the case for broader protection is often made as a theoretical matter, constitutions generally protect freedom of religion. Allowing people full choice in religious beliefs or freedom of conscience is central to their autonomy. Freedom of religion is thus potentially a very valuable aspect of society, at least so long as it respects the freedom of individuals to be irreligious. This book tests these associations and finds that constitutions provide national religious protection, especially when the legal system is more sophisticated.

This volume uses theory and case studies to explore how the first moment of constitutional implementation actually plays out and helps defines a constitution's future. It will appeal to scholars and practitioners with an interest in how and why written constitutional promises actually succeed or fail.

A comparative, critical analysis of constitutional courts and constitutional review in Asia, appealing to those who are interested in comparative constitutional law, comparative politics, and Asian studies, particularly from the point of view of human rights, democracy, legal systems, the Rule of Law, constitutional adjudication and governance.

From the eighteenth century to the present, constituent assemblies have shaped the framework of politics. They differ from ordinary legislatures in that the stakes are higher, and that decisions are shaped by interests, ideology, and also by passions. The contributions in this book range from case studies to comparative analyses and theoretical arguments.

Constitution-making is often thought of as an exclusively national project that constitutes the framework for politics and law within a nation, but constitutions have always been influenced by ideas from abroad. External influence is increasing, producing a transnational legal order with its own constitutional norms, processes, guidelines and shared ideas.

Constitutional provisions limit the discretion of governments in economic policy, but in times of financial crises there are pressures for exceptional responses. This volume assesses the ability of constitutional orders all over the world to cope with financial crisis, and traces the long-run implications.

With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy.

Marking the Sesquicentennial of Confederation in Canada, scholars and jurists discuss the evolution of the Canadian Constitution over the past 150 years, the role of the Supreme Court in interpreting the Constitution, and the growing influence of both Constitution and Court on other courts dealing with the most challenging issues of the day.

A comparative, critical analysis of constitutional courts and constitutional review in Asia, appealing to those who are interested in comparative constitutional law, comparative politics, and Asian studies, particularly from the point of view of human rights, democracy, legal systems, the Rule of Law, constitutional adjudication and governance.

Will help its audience gain an understanding of the dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems.

From the eighteenth century to the present, constituent assemblies have shaped the framework of politics. They differ from ordinary legislatures in that the stakes are higher, and that decisions are shaped by interests, ideology, and also by passions. The contributions in this book range from case studies to comparative analyses and theoretical arguments.

A collection of essays examining the latest constitutional developments in sixteen East, Southeast and South Asian countries since the beginning of the twenty-first century. With comparative, historical and analytical perspectives on Asian constitutionalism, this will appeal to students and scholars interested in the origins or contemporary manifestations of constitutionalism in Asia.

With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy.

Marking the Sesquicentennial of Confederation in Canada, scholars and jurists discuss the evolution of the Canadian Constitution over the past 150 years, the role of the Supreme Court in interpreting the Constitution, and the growing influence of both Constitution and Court on other courts dealing with the most challenging issues of the day.

There is great interest among scholars and practitioners about when a proposed constitution is likely to succeed. But what does it mean for a constitution to succeed? By exploring an array of constitutional histories, this book shows how ideas of constitutional success play out differently in different contexts.

This book addresses the role of constitutions and constitutionalism in dealing with the challenges of social difference such as religion or race and ethnicity. The book brings together lawyers, political scientists, historians, religious studies scholars, and area studies experts to consider how constitutions address issues of difference across Pan-Asia.

South Asia, despite being the site of the world's largest constitutional democracy, is underrepresented in comparative legal scholarship. This book remedies this lack of attention by examining constitutional law in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

South Asia, despite being the site of the world's largest constitutional democracy, is underrepresented in comparative legal scholarship. This book remedies this lack of attention by examining constitutional law in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.

This volume explores the social and political forces behind constitution making from a global perspective. It combines leading theoretical perspectives with in-depth case studies from nineteen countries. The result is an examination of constitutions as social phenomena and their interaction with other social phenomena, from various perspectives.

In 2014, Japanese Prime Minister Abe Shinzo announced the expansion of Japan's war powers, challenging a constitutional precedent that had been in place for seventy years. This book examines the history of Japan and Korea's post-World War II constitution-making, in order to shed light on the countries' modern legacies.

This volume brings together essays by leading scholars of comparative constitutional design from myriad disciplinary perspectives. The authors collectively assess what we know - and do not know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes and many other issues.

A collection of essays examining the latest constitutional developments in sixteen East, Southeast and South Asian countries since the beginning of the twenty-first century. With comparative, historical and analytical perspectives on Asian constitutionalism, this will appeal to students and scholars interested in the origins or contemporary manifestations of constitutionalism in Asia.

This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

This volume explores the form and function of constitutions in countries without the fully articulated institutions of limited government.

Maps the roles in governance that courts now undertake. Offering empirically rich accounts of dramatic judicial actions in the Americas, Europe, the Middle East and Asia, this book explores the political conditions and judicial strategies that have fostered those assertions of power, and evaluates when and how courts' assertions of new roles have been politically consequential.

This volume brings together essays by leading scholars of comparative constitutional design from myriad disciplinary perspectives. The authors collectively assess what we know - and do not know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes and many other issues.