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Comparative Constitutional Change


About the Series

Comparative Constitutional Change has developed into a distinct field of constitutional law. It encompasses the study of constitutions through the way they change and covers a wide scope of topics and methodologies. Books in this series include work on developments in the functions of the constitution, the organization of powers and the protection of rights, as well as research that focuses on formal amendment rules and the relation between constituent and constituted power. The series includes comparative approaches along with books that focus on single jurisdictions, and brings together research monographs and edited collections which allow the expression of different schools of thought. While the focus is primarily on law, where relevant the series may also include political science, historical, philosophical and empirical approaches that explore constitutional change.

Xenophon Contiades is Professor of Public Law, Panteion University, Athens, Greece and Managing Director, Centre for European Constitutional Law, Athens, Greece.

Thomas Fleiner is Emeritus Professor of Law at the University of Fribourg, Switzerland.

Alkmene Fotiadou is Research Associate at the Centre for European Constitutional Law, Athens, Greece.

Richard Albert is the William Stamps Farish Professor in Law and Professor of Government at the University of Texas at Austin, USA.

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Supermajority Voting in Constitutional Courts The Problem of Majority Rule for Democracy and Legislation

Supermajority Voting in Constitutional Courts: The Problem of Majority Rule for Democracy and Legislation

1st Edition

Forthcoming

By Cristóbal Caviedes
August 09, 2024

This book challenges the wide use of majority rule in many constitutional courts for declaring statutes unconstitutional, and argues that these courts should rather perform constitutional review by using supermajority rules. Considering that constitutional courts often tackle hard moral issues, it ...

Constitutional Origin and Norm Creation in Colombia Discursive Institutionalism and the Empowerment of the Constitutional Court

Constitutional Origin and Norm Creation in Colombia: Discursive Institutionalism and the Empowerment of the Constitutional Court

1st Edition

By Jan Boesten
January 29, 2024

This book explains the growing empowerment of the Colombian Constitutional Court in the early years of the 21st century and develops the concept of the deliberative judge. Taking the case of the Colombian Constitutional Court and drawing on neoinstitutional theory to explain the relationship ...

Constitutional Law and the Politics of Ethnic Accommodation Institutional Design in Afghanistan

Constitutional Law and the Politics of Ethnic Accommodation: Institutional Design in Afghanistan

1st Edition

By Bashir Mobasher
December 29, 2023

This book explores whether the legal and political institutions of Afghanistan were able to incorporate diverse ethnic groups into the political process. Ethnic accommodation has gained central stage in the literature on institutional design and democratic consolidation. However, some divided ...

EU Law and National Constitutions The Constitutional Dynamics of Multi-Level Governance

EU Law and National Constitutions: The Constitutional Dynamics of Multi-Level Governance

1st Edition

Edited By Alberto Nicòtina, Patricia Popelier, Peter Bursens
December 04, 2023

This book provides an in-depth guide to researchers and practitioners who are interested in analysing the evolution of EU law from a national and comparative constitutional law perspective. The volume deals with questions of how EU member states’ constitutional systems, including the subnational ...

The Right to Political Participation A Study of the Judgments of the European and Inter-American Courts of Human Rights

The Right to Political Participation: A Study of the Judgments of the European and Inter-American Courts of Human Rights

1st Edition

Edited By Gabriella Citroni, Irene Spigno, Palmina Tanzarella
September 25, 2023

This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) affect political participation and electoral justice at the national level. Looking at specific countries, the work analyses the legal ...

A History of the Constitution of Bangladesh The Founding, Development, and Way Ahead

A History of the Constitution of Bangladesh: The Founding, Development, and Way Ahead

1st Edition

Edited By Ridwanul Hoque, Rokeya Chowdhury
September 01, 2023

Marking the 50th anniversary of Bangladesh's Constitution, this book gauges its development from 1972 to 2022, focusing on its foundational goals, performances, and current challenges. The collection, presenting diverse but issue-specific chapters, shows how the people, political parties and ...

Constitutionality of Law without a Constitutional Court A View from Europe

Constitutionality of Law without a Constitutional Court: A View from Europe

1st Edition

Edited By Mirosław Granat
September 01, 2023

This book analyses the problem of the possibility of guaranteeing the constitutionality of law in cases when a constitutional court either has been weakened or does not exist. A starting point of the research is the emergence of the so-called illiberal constitutionalism in several states, namely ...

Constitutional Law and Politics of Secession

Constitutional Law and Politics of Secession

1st Edition

Edited By Antoni Abat i Ninet
July 31, 2023

This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from ...

Accommodating Diversity in Multilevel Constitutional Orders Legal Mechanisms of Divergence and Convergence

Accommodating Diversity in Multilevel Constitutional Orders: Legal Mechanisms of Divergence and Convergence

1st Edition

Edited By Maja Sahadžić, Marjan Kos, Jaka Kukavica, Jakob Gašperin Wischhoff, Julian Scholtes
July 19, 2023

This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order. It ...

Accountability and the Law Rights, Authority and Transparency of Public Power

Accountability and the Law: Rights, Authority and Transparency of Public Power

1st Edition

Edited By Piotr Mikuli, Grzegorz Kuca
May 31, 2023

This book discusses contemporary accountability and transparency mechanisms by presenting a selection of case studies. The authors deal with various problems connected to controlling public institutions and incumbents’ responsibility in state bodies. The work is divided into three parts. Part I: ...

Courts and Judicial Activism under Crisis Conditions Policy Making in a Time of Illiberalism and Emergency Constitutionalism

Courts and Judicial Activism under Crisis Conditions: Policy Making in a Time of Illiberalism and Emergency Constitutionalism

1st Edition

Edited By Martin Belov
May 31, 2023

This collection examines topical issues related to the impact of courts on constitutional politics during extreme conditions. The book explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It starts with a theoretical ...

Illiberal Constitutionalism in Poland and Hungary The Deterioration of Democracy, Misuse of Human Rights and Abuse of the Rule of Law

Illiberal Constitutionalism in Poland and Hungary: The Deterioration of Democracy, Misuse of Human Rights and Abuse of the Rule of Law

1st Edition

By Tímea Drinóczi, Agnieszka Bień-Kacała
May 31, 2023

This book theorizes illiberal constitutionalism by interrogation of the Rule of Law, democratic deterioration, and the misuse of the language and relativization of human rights protection, and its widespread emotional and value-oriented effect on the population. The work consists of seven Parts. ...

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