Constitutional Comparison

The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation.

In our globalized era it has become impossible to deal effectively with constitutional law and related subjects such as fundamental rights, administrative law and political science without knowledge of foreign systems. A wealth of literature is available on practically all constitutional systems and the intricacies of their application. This, however, presents the constitutionalist with a formidable problem: Which foreign systems should I explore in order to make relevant comparisons, and how should I go about it? This book addresses the core problems of comparability and appropriate comparative methodology in the realm of contemporary constitutionalism. The outcome is, however, not mere theorizing. Most of the text is devoted to an incisive application of the chosen comparative method to four geographically, historically, and culturally divergent, but thoroughly comparable, constitutional systems. In the course of the comparative exercise, contemporary constitutional dogma and constitutional mechanics are analyzed and explained, in many instances in their historical contexts, making the book itself a useful source of comparative and historical information.

Assesses what we know - and do not know - about comparative constitutional design and particular institutional choices concerning executive power and other issues.

An investigation of the unique constitutional relationship between Aboriginal people and the Canadian state, a relationship that does not exist between Canada and other Canadians.

Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change. Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.

Charting the history and analytical underpinnings of comparative constitutional inquiry, this book probes the various types, aims, and methodologies of engagement with the constitutive laws of others through the ages. It explores how and why comparative constitutional inquiry has been and ought to be pursued by academics and jurists worldwide.

This book analyses constitutional change in federal and decentralizing countries from a comparative perspective. The authors identify structures, processes and strategies which have proven to favour successful constitutional amendment. Thereby, the book enables public officials, scholars, and students to learn from the constitutional reform experiences of other federal democracies and from practical suggestions how future reforms could be designed. From the Contents: The Relevance of Constitutional Change Constitutional Reform in “Co-operative” Federalism Constitutional Reform in Federal Systems with Divided Societies Devolution and Regionalisation in Federalising States Processes of Ratification Evolution after a Constitutional Reform Conclusion

We are delighted to announce the publication of the 6th edition of 'Constitutions Compared' which was previously published by Intersentia. It provides a user-friendly introduction to comparative constitutional law. For each area of constitutional law, a general introduction and a comparative overview is presented, followed by more detailed country chapters. This book is a helpful guide for students who are exploring comparative constitutional law for the first time and it provides a solid foundation for more advanced graduate-level courses.