Comparative Constitutional Law

This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers dozens of countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject. Contributors: Z. Al-Ali, T. Allen, N. Bamforth, J. Blount, P.G. Carozza, C. Charters, J.A. Cheibub, S. Choudhry, D.M. Davis, R. Dixon, V. Ferreres Comella, D. Fontana, N. Friedman, S. Gardbaum, T. Ginsburg. J. Greene, O. Gross, J.L. Hiebert, R. Hirschl, N. Hume, H. Irving, V.C. Jackson, G.J. Jacobsohn, D.P. Kommers, R.J. Krotoszynski, Jr, N. Lenagh-Maguire, F. Limongi, F.I. Michelman, K. O Regan, R.H. Pildes, K. Roach, K. Rubenstein, C. Saunders, D. Schneiderman, A. Stone, R. Teitel, M. Tushnet

The second edition of Comparative Constitutional Law updates the first edition by including material on important recent developments. The second edition expands the treatment ''dialogic'' forms of judicial review, presenting material on the British Human Rights Act, and recent scholarly analyses of these forms of review. It incorporates a substantial discussion of the treatment of emergencies in the world's constitutional systems, focusing on the extent to which constitutions regulate government operations in emergencies by requiring executives to obtain authorization from legislatures or, in contrast, do so through direct judicial supervision of executive action. The old chapter on courts and constitutionalism has been reorganized and expanded, with new material on the political roles of constitutional courts and on proportionality analysis in constitutional law. The first edition's discussion of social and economic rights is expanded to include the decisions of the South African C