Introduction

2020 ◽  
pp. 3-34
Author(s):  
Jo Shaw
Keyword(s):  
Case Studies ◽  
Constitutional Law ◽  
Interdisciplinary Approach ◽  
The People ◽  
Comparative Constitutional Law ◽  
Key Concepts

This chapter introduces and summarises the whole book, and offers preliminary thoughts on key concepts which underpin the analysis: citizenship, constitution, nationality and ‘the people’. The chapter reflects on methodological inspirations, showing that the approach builds on the traditions of comparative constitutional law, while adopting a broadly socio-legal approach. This interdisciplinary approach owes much to ideas of constitutional ethnography, aiming to suggest themes across different case studies, not explanations for variation.

Introduction

2020 ◽  
pp. 1-10
Author(s):  
Ngoc Son Bui
Keyword(s):  
Social Sciences ◽  
Soviet Union ◽  
Political Science ◽  
Constitutional Law ◽  
Qualitative Methodology ◽  
Interdisciplinary Approach ◽  
Constitutional Change ◽  
The Soviet Union ◽  
Comparative Constitutional Law ◽  
Legal Forms

This book seeks to fill the academic gap in the existing literature on comparative constitutional law by examining how and why five current socialist countries (China, Cuba, Laos, North Korea, and Vietnam) have changed their constitutions after the fall of the Soviet Union. Adopting an interdisciplinary approach which integrates comparative constitutional law with social sciences (particularly political science and sociology), this book explores and explains: the progressive function; institutional and socio-economic causes; legal forms, processes, and powers; and five variations (universal, integration, reservation, exceptional, and personal) of socialist constitutional change. It uses qualitative methodology, including the support of fieldwork. It contributes to a better understanding of dynamic socioeconomic, legal, and constitutional change in socialist countries and comparative constitutional law and theory, generally.

scholarly journals Comparative, global and transnational constitutionalism: The emergence of a transnational legal-pluralist order

2012 ◽  
Vol 1 (1) ◽  
pp. 16-52 ◽  
Author(s):  
PEER ZUMBANSEN
Keyword(s):  
Constitutional Law ◽  
Environmental Law ◽  
Interdisciplinary Approach ◽  
Legal Principles ◽  
Regulatory Systems ◽  
Comparative Constitutional Law ◽  
Constitutional System ◽  
The Comparative Study ◽  
Second World ◽  
Legal Pluralist

AbstractComparative lawyers have for more than a century sought to increase the understanding of ‘foreign’ legal orders and regulatory systems. Despite some never fully resolved methodological questions, great advances have been made in the comparative study of different regulatory areas both in ‘private’ (contract, tort, corporate, labour) and ‘public’ law (administrative law, environmental law). Comparative constitutional law [CCL] has emerged as a field with particular significance. Born in the context of a politically extremely divided world after the Second World War, CCL has undergone tremendous change in an economically fast-integrating world since the late 1980s. The distinction between ‘liberal’ and ‘socialist’ constitutional orders that characterized early monographical treatments of the subjects has since given way to a very incoherent landscape ofvarieties of constitutionalism, with enormous consequences for the task of comparative constitutional law. Rather than being able to set side-by-side distinct doctrinal instruments or legal principles that can be associated with a particular constitutional system, the emerging transnational legal-pluralist order demands a methodologically radically opened and methodologically interdisciplinary approach to capture the dynamics of constitutionalization, which characterize today’s processes of public-private norm creation and diffusion.

4 From Comparative Constitutional Law to Comparative Constitutional Studies

2014 ◽  
Author(s):  
Hirschl Ran
Keyword(s):  
Social Sciences ◽  
Constitutional Law ◽  
Real Life ◽  
Interdisciplinary Approach ◽  
Public Law ◽  
Constitutional Change ◽  
Disciplinary Boundaries ◽  
The Social ◽  
Comparative Constitutional Law ◽  
Constitutional Jurisprudence

The chapter argues for an interdisciplinary approach to comparative constitutional inquiry that is methodologically and substantively preferable to doctrinal accounts. It suggests that for historical, analytical, and methodological reasons, maintaining the disciplinary divide between comparative constitutional law and other closely related disciplines that study various aspects of the same constitutional phenomena, artificially and unnecessarily limits our horizons and restricts the questions asked as well as the answers provided. Traditional disciplinary boundaries, both substantive and methodological, between comparative (public) law and the social sciences continue to impede the development of comparative constitutional studies as an ambitious, coherent, and theoretically advanced area of inquiry. By engaging in a dialogue with the social sciences, and political science in particular, comparative constitutional inquiries would go beyond the traditional realms of judicial review to consider extrajudicial factors such as judicial behaviour, the origins of constitutional change, constitutional design, and the real-life effects of constitutional jurisprudence.

scholarly journals Territory and Power in Constitutional Transitions

2019 ◽  
Keyword(s):  
Case Studies ◽  
Constitutional Law ◽  
Full Range ◽  
Political Mobilization ◽  
Constitutional Design ◽  
Comparative Constitutional Law ◽  
Territorial Politics ◽  
Salient Regions ◽  
Realist View ◽  
Constitution Making

This volume explores the full range of challenges that different kinds of territorial cleavages pose for Constitution-making processes and constitutional design. It provides seventeen case studies of countries going through periods of intense constitutional engagement in which the issue of how to deal with the politics of territory is important. It is unique in that its cases include the full gamut of types of territorial cleavages—small distinct territories, bi-communal countries, highly diverse countries with many politically salient regions, and countries where territorial politics is important but secondary to other bases for political mobilization. While the volume draws significant normative conclusions, it is based on a highly realist view of the implications not only of the territorial and other salient political cleavages in the country (the country’s “political geometry”) but also of the power-configurations that lead into periods of constitutional engagement, so that processes differ depending on whether the preceding politics has been peaceful or violent and whether a victor, military or political, has emerged or whether there is a stalemate or diffused political power. Its thematic chapters on Constitution-making processes and constitutional design, along with the final synthetic chapter, draw original conclusions from the comparative analysis of the case studies and relate these to the literature, both in political science and comparative constitutional law. There are clear lessons that should help practitioners in analyzing their own challenges in dealing with territorial cleavages as well as in considering possible approaches to constitution-making and constitutional design.

From an unconstitutional constitutional amendment to an unconstitutional constitution? Lessons from Honduras

2019 ◽  
Vol 8 (1) ◽  
pp. 40-70 ◽  
Author(s):  
DAVID E LANDAU ◽  
ROSALIND DIXON ◽  
YANIV ROZNAI
Keyword(s):  
Supreme Court ◽  
Political Institutions ◽  
Constitutional Law ◽  
Constitutional Amendment ◽  
The Political ◽  
Potential Utility ◽  
The People ◽  
The Supreme Court ◽  
Comparative Constitutional Law ◽  
Global Constitutionalism

Abstract:The unconstitutional constitutional amendment doctrine has emerged as a highly successful, albeit still controversial, export in comparative constitutional law. The doctrine has often been defended as protecting a delegation from the people to the political institutions that they created. Other work has noted the doctrine’s potential utility in guarding against abusive constitutionalism. In this article, we consider how these justifications fare when expanded to encompass claims against the original constitution itself, rather than a later amendment to the text. That is, beyond the unconstitutional constitutional amendment doctrine, can or should there be a doctrine of an unconstitutional constitution? Our question is spurred by a puzzling 2015 case from Honduras where the Supreme Court held an unamendable one-term limit on presidential terms, as well as protective provisions punishing attempts to alter that limit, to be unconstitutional. What is particularly striking about the case is that these provisions were not later amendments to the constitution, but rather parts of the original 1982 constitution itself. Thus, this article examines the possibility of ‘an unconstitutional constitution’, what we predict to be the next trend in global constitutionalism.

Constituting Scotland

2016 ◽  
Author(s):  
W. Elliot Bulmer
Keyword(s):  
Constitutional Law ◽  
Constitutional Theory ◽  
Constitutional Design ◽  
Global Trends ◽  
National Movement ◽  
Comparative Constitutional Law ◽  
Constitutional Thought ◽  
Scottish Government ◽  
Historical Trajectory ◽  
Constitutional Tradition

The rise of the Scottish national movement has been accompanied by the emergence of distinct constitutional ideas, claims and arguments, which may affect constitutional design in any future independent Scotland. Drawing on the fields of constitutional theory, comparative constitutional law, and Scottish studies, this book examines the historical trajectory of the constitutional question in Scotland and analyses the influences and constraints on the constitutional imagination of the Scottish national movement, in terms of both the national and international contexts. It identifies an emerging Scottish nationalist constitutional tradition that is distinct from British constitutional orthodoxies but nevertheless corresponds to broad global trends in constitutional thought and design. Much of the book is devoted to the detailed exposition and comparative analysis of the draft constitution for an independent Scotland published by the SNP in 2002. The 2014 draft interim Constitution presented by the Scottish Government is also examined, and the two texts are contrasted to show the changing nature of the SNP’s constitutional policy: from liberal-procedural constitutionalism in pursuit of a more inclusive polity, to a more populist and majoritarian constitutionalism.

scholarly journals A Framework for Implementing and Tracking Circular Economy in Cities: The Case of Porto

2019 ◽  
Vol 11 (6) ◽  
pp. 1813 ◽  
Author(s):  
António Cavaleiro de Ferreira ◽  
Francesco Fuso-Nerini
Keyword(s):  
Economic System ◽  
Case Studies ◽  
Circular Economy ◽  
Research Gaps ◽  
Meso Level ◽  
Population Research ◽  
Key Concepts ◽  
Significant Barrier ◽  
The City

Circular economy (CE) is an emerging concept that contrasts the linear economic system. This concept is particularly relevant for cities, currently hosting approximately 50% of the world’s population. Research gaps in the analysis and implementation of circular economy in cities are a significant barrier to its implementation. This paper presents a multi-sectorial and macro-meso level framework to monitor (and set goals for) circular economy implementation in cities. Based on literature and case studies, it encompasses CE key concepts, such as flexibility, modularity, and transparency. It is structured to include all sectors in which circular economy could be adopted in a city. The framework is then tested in Porto, Portugal, monitoring the circularity of the city and considering its different sectors.

The judicial review of legality

2021 ◽  
Author(s):  
Natalie R. Davidson ◽  
Leora Bilsky
Keyword(s):  
Judicial Review ◽  
Constitutional Law ◽  
New Model ◽  
Substantive Content ◽  
Comparative Constitutional Law ◽  
Recent Developments ◽  
Relationship Of

In comparative constitutional law, the various models of judicial review require courts to examine either the substantive content of legislation or the procedure through which legislation was passed. This article offers a new model of judicial review – ‘the judicial review of legality’ – in which courts review instead the forms of law. The forms of law are the ways in which law communicates its norms to the persons who are meant to comply with them, and they include generality, clarity, avoidance of contradiction, and non-retroactivity. Drawing on recent writing on the jurisprudence of Lon Fuller, this article argues that Fuller’s linking of the forms of law to a relationship of reciprocity between government and governed can ground judicial review and that such review provides a missing language to address important legislative pathologies. Moreover, through an analysis of recent developments in Israel, the article demonstrates that the judicial review of legality targets some of the key legal techniques of contemporary processes of democratic erosion which other models of judicial review struggle to address, all the while re-centring judicial review on the lawyer’s craftsmanship and thus reducing problems of court legitimacy. This article therefore offers a distinctive and normatively appealing way for courts to act in troubling times.

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