Tag: Constitutionalism

Free Download Charles M. Fombad, "Constitutional Identity and Constitutionalism in Africa "
English | ISBN: 0198906307 | 2024 | 352 pages | PDF | 21 MB
In its modern history, Africa has experienced different waves of constitutional ordering. The latest democratisation wave, which began in the 1990s, has set the stage over the past decade for what is now a hotly debated issue: do recent, new, or fundamentally revised constitutions truly reflect an African constitutional identity? Thoughtfully navigating a contested field, this volume brings to the fore a number of foundational questions about African constitutionalism.

Free Download Keeping the Republic
by Dennis, Hale;Landy, Marc;
English | 2024 | ISBN: 0700636234 | 290 pages | True PDF | 19.55 MB

Free Download Transitional Justice, Distributive Justice, and Transformative Constitutionalism: Comparing Colombia and South Africa
by David Bilchitz and Raisa Cachalia
English | 2024 | ISBN: 0192887629 | 505 Pages | True PDF | 22 MB

Free Download Manuela Niehaus, "Global Climate Constitutionalism "from below": The Role of Climate Change Litigation for International Climate Lawmaking"
English | ISBN: 3658431903 | 2023 | 492 pages | PDF | 4 MB
Global climate constitutionalism is seen as a possible legal answer to the social and political unwillingness of states to effectively tackle climate change as a global problem. The constitutionalisation of international climate law is supposed to ensure greater participation of non-state actors such as NGOs or individuals and a rollback of state sovereignty where states do not care about meeting their climate commitments. This book addresses the question of whether non-state actors such as NGOs or individuals create international climate law through so-called climate change litigation. Against the background of Peter Häberle’s theory of the "open society of constitutional interpreters", four selected cases (Urgenda v Netherlands, Leghari v Pakistan, Juliana v United States of America, Future Generations v Colombia) are used to examine how actors not formally recognized as subjects of international law (re)interpret national and international law and thereby contribute to the constitutionalisation of the international climate law regime.

Free Download European Union Constitutionalism in Crisis By Nicole Scicluna
2014 | 180 Pages | ISBN: 1138801607 | PDF | 2 MB
Several years after the first Greek bailout, the integration project of the European Union faces an interlocking set of political, economic, legal and social challenges that go to the very core of its existence. Austerity is the order of the day, and citizens in both debtor and creditor states increasingly turn to the political movements of the far left and right, anti-politics and street protests to vent their frustration. This book demonstrates the limits of constitutionalism in the EU. It explores the ‘twin crises’ – the failure of the Constitutional Treaty in 2005 and the more recent Eurozone crisis – to illuminate both the possibilities and pitfalls of the integration project. It argues that European integration overburdened law in an attempt to overcome deep-seated political deficiencies. It further contends that the EU shifted from an unsuccessful attempt at democratisation via politicisation (the Constitutional Treaty), to an unintended politicisation without democratisation (the Eurozone crisis) only a few years later. The book makes the case that this course is unsustainable and threatens the goal of European unity. This text will be of key interest to students and scholars in the fields of EU studies, EU law, democracy studies, constitutional studies and international relations.

Free Download Power to the People: Constitutionalism in the Age of Populism by Mark V. Tushnet, Bojan Bugarič
English | December 6, 2021 | ISBN: 0197606717 | True EPUB | 294 pages | 1.5 MB
Self-described populist leaders around the world are dismantling their nation’s constitutions. This has led to a widespread view that populism as such is inconsistent with constitutionalism. This book proposes that some forms of populism are inconsistent with constitutionalism, while others aren’t. Context and detail matter.

Free Download Power to the People: Constitutionalism in the Age of Populism by Mark V. Tushnet, Bojan Bugarič
English | December 6, 2021 | ISBN: 0197606717 | True EPUB | 294 pages | 1.5 MB
Self-described populist leaders around the world are dismantling their nation’s constitutions. This has led to a widespread view that populism as such is inconsistent with constitutionalism. This book proposes that some forms of populism are inconsistent with constitutionalism, while others aren’t. Context and detail matter.

Free Download City, State: Constitutionalism and the Megacity By Ran Hirschl
2020 | 224 Pages | ISBN: 019092277X | PDF | 4 MB
More than half of the world’s population lives in cities; by 2050, it will be more than three quarters. Projections suggest that megacities of 50 million or even 100 million inhabitants will emerge by the end of the century, mostly in the Global South. This shift marks a major and unprecedented transformation of the organization of society, both spatially and geopolitically. Our constitutional institutions and imagination, however, have failed to keep pace with this new reality. Cities have remained virtually absent from constitutional law and constitutional thought, not to mention from comparative constitutional studies more generally. As the world is urbanizing at an extraordinary rate, this book argues, new thinking about constitutionalism and urbanization is desperately needed. In six chapters, the book considers the reasons for the "constitutional blind spot" concerning the metropolis, probes the constitutional relationship between states and (mega)cities worldwide, examines patterns of constitutional change and stalemate in city status, and aims to carve a new place for the city in constitutional thought, constitutional law and constitutional practice.

Free Download Balanced Constitutionalism: Courts and Legislatures in India and the United Kingdom By Chintan Chandrachud
2017 | 352 Pages | ISBN: 0199470588 | PDF | 2 MB
The Human Rights Act (HRA) of the UK, enacted in 1998, provoked particular interest amongst scholars. Unlike systems of parliamentary sovereignty and judicial supremacy, it promised a new, ‘balanced’ model for the protection of rights, which conferred courts with a limited power of review over legislation. Under this new model, rights-based decision-making was expected to be balanced amongst courts and legislatures, rather than lopsided in favour of either. Indian courts, on the other hand, have always been constitutionally entrusted with the power to strike down primary legislation enacted by the Union and state legislatures.This book examines the promise of the new model against its performance in practice by comparing judicial review under the HRA to an exemplar of the old model of judicial review, the Indian Constitution. It argues that although the HRA fosters a more balanced allocation of powers between legislatures and courts than the Indian Constitution, it does so for a novel reason. Balanced constitutionalism is not achieved through the legislative rejection of judicial decision-making about rights. Instead, the nature of the remedy under the HRA enables British courts to assert their genuine interpretations of rights in situations in which Indian courts find it difficult to do so.

Free Download Patrick N. Cain, "American Constitutionalism, Marriage, and the Family: Obergefell v. Hodges and U.S. v. Windsor in Context"
English | ISBN: 1498528171 | 2016 | 240 pages | EPUB | 2 MB
This edited volume in American constitutionalism places the Supreme Court’s declaration of same-sex marriage rights in U.S. v. Windsor (2013) and Obergefell v. Hodges (2015) within the context of the Court’s developing understanding of the legal and social status of marriage and the family. Leading scholars in the fields of political science, law, and religion examine the roots of the Court’s affirmation of same-sex rights in a number of areas related to marriage and the family including the right to marry, equality and happiness in marriage, the right to privacy, freedom of association, property rights, parental power, and reproductive rights. Taken together, these essays evaluate the extent to which the Court’s recent marriage rulings both break with and derive from the competing principles of American Constitutionalism.