Comparative Constitutional Theory: (Research Handbooks in Comparative Constitutional Law series)

This thoroughly revised Second Edition provides a refreshed overview of comparative constitutional law and theory. Expert authors investigate the recent proliferation of instances in which the practice of constitutionalism has been compromised by various forms of democratic erosion. New and updated chapters complement the first edition’s illumination of key concepts in comparative constitutional theory with a specific focus on its connections to a rise in authoritarian rule. In the face of democratic backsliding, global authors underscore the question of design and investigate how constitutional governance can be enhanced to avert further democratic degradation. The Research Handbook is underpinned by an empirically based study of the core principles of constitutional practice within a cross-national context, including informative discussions on constitutionalism, fundamental rights, and constitutional identity. Notably, this book examines the degree to which illiberal constitutionalism has become an increasingly ominous presence in the (mal)functioning of political systems and acknowledges the pervasive condition of constitutional imperfection. Exploring distinctive constitutional realities, this accessible Research Handbook is a crucial resource for scholars and students of constitutional theory, comparative law, and constitutional and administrative law. It is also a vital read for those interested in constitutional design and interpretation.

Table of Contents:
Contents 1 Introduction: the comparative turn in constitutional theory and the crisis of democratic erosion 1 Gary Jacobsohn and Miguel Schor PART I CONSTITUTIONALISM AND DEMOCRATIC EROSION 2 Illiberal constitutionalism: viable alternative or nemesis of the modern constitutional ideal? 23 Michel Rosenfeld 3 Transitional justice, transitional constitutionalism and constitutional culture 43 Gábor Halmai 4 Militant democracy and constitutional identity 64 Jan -Werner Müller 5 Race and American constitutional exceptionalism 84 Mark A. Graber PART II CONSTITUTIONAL STRUCTURE AND RIGHTS 6 American constitutional exceptionalism and democratic erosion 114 Miguel Schor 7 What is judicial supremacy? 138 Stephen Gardbaum 8 Federalism and constitutional theory 164 Stephen Tierney 9 The constitutional significance of human dignity: what exactly? 184 Jacob Weinrib 10 Social rights in comparative constitutional theory 204 Jeff King 11 Text and democracy: theoretical approaches to religious liberty cases in the United States Supreme Court and the European Court of Human Rights 229 Howard Schweber 12 Consensus, conflict, and complementarity: a global perspective on the freedom of expression 255 Ronald J. Krotoszynski Jr. PART III CONSTITUTIONAL INTERPRETATION 13 Legal pragmatism and comparative constitutional law 290 David Landau 14 Beyond the principle of proportionality 313 Victor Ferreres Comella 15 The unwritten constitution 332 Janet McLean PART IV CONSTITUTIONAL CHANGE 16 Constitutional theory in a comparative context 352 Adrienne Stone and Lael K. Weis 17 ‘We the people’, ‘oui, the people’ and the collective body: perceptions of constituent power 369 Yaniv Roznai 18 Amendment theory and constituent power 393 Mark Tushnet 19 Theorising about formal constitutional change: the case of Latin America 410 Joel I. Colón-Ríos 20 Anchoring and sailing: contrasting imperatives of constitutional revolution 433 Gary Jeffrey Jacobsohn 21 Reception, context, and identity: a theory of cross-national jurisprudence 455 Heinz Klug

About the Author :
Edited by Gary Jacobsohn, Department of Government, University of Texas at Austin and Miguel Schor, Drake University Law School, US