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Routledge Research in Constitutional Law


About the Series

This series features thought-provoking and original scholarship on constitutional law and theory. Books explore key topics, themes and questions in the field with a particular emphasis on comparative studies. Where relevant, titles will engage with political and social theory, philosophy and history in order to offer a rounded analysis of constitutions and constitutional law.

18 Series Titles

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Constitutional Law, Religion and Equal Liberty: The Impact of Desecularization

Constitutional Law, Religion and Equal Liberty: The Impact of Desecularization

1st Edition

Forthcoming

Azin Tadjdini
October 01, 2019

During the 20th century many countries embarked on a process of constitutional secularization by which the role of religion gradually became limited. Yet, by the late 20th century, and increasingly following the end of the Cold War, this development began to be challenged. This book examines the...

Peacebuilding, Constitutionalism and the Global South: The Case for Cognitive Justice Plurinationalism

Peacebuilding, Constitutionalism and the Global South: The Case for Cognitive Justice Plurinationalism

1st Edition

Forthcoming

Kajit Bagu
July 18, 2019

This book presents the case that liberal constitutionalism in the global South is a legacy of colonialism and is inappropriate as a means of securing effective peace in regions that have been subject to recurrent conflict. The work demonstrates the failure of liberal constitutionalism in...

Constitution-making and Human Rights in the Sudans

Constitution-making and Human Rights in the Sudans

1st Edition

Lutz Oette, Mohamed Abdelsalam Babiker
December 20, 2018

Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to...

EU Law, Fundamental Rights and National Democracy

EU Law, Fundamental Rights and National Democracy

1st Edition

Eduardo Gill-Pedro
December 11, 2018

The orthodox view is that rights complement democracy. This book critically examines this view in the context of EU fundamental rights, specifically in situations where EU law requires member states to respect EU fundamental rights. It first sets out a legal theoretical account of how human rights...

Constitutional Politics and the Judiciary: Decision-making in Central and Eastern Europe

Constitutional Politics and the Judiciary: Decision-making in Central and Eastern Europe

1st Edition

Kálmán Pócza
November 28, 2018

Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued...

Philosophy, Obligation and the Law: Bentham’s Ontology of Normativity

Philosophy, Obligation and the Law: Bentham’s Ontology of Normativity

1st Edition

Piero Tarantino
June 28, 2018

This book presents a comprehensive investigation of the notion of obligation in Bentham’s thought. For Bentham, obligation is a fictitious – namely linguistic – entity, whose import and truth lie in empirical perceptions of pain and pleasure, ‘real’ entities. This work explores Bentham’s...

Constitutional Acceleration within the European Union and Beyond

Constitutional Acceleration within the European Union and Beyond

1st Edition

Paul Blokker
October 09, 2017

Modern constitutionalism as an idea and practice is facing great uncertainty in current times. Scholarly debates focus predominantly on constitutions beyond the state, while the predicament of domestic constitutionalism is much less considered. This volume contributes to a theoretically informed...

Democracy and the Human Rights Act: Republican Analysis of Citizen Power

Democracy and the Human Rights Act: Republican Analysis of Citizen Power

1st Edition

Dennis Dixon
April 25, 2017

This book discusses the extent to which the UK Human Rights Act successfully balances protection of rights and democracy. It is generally accepted that the Act prevents government from violating fundamental rights, but the extent to which the Act can legitimately be overridden as a result of...

Equal Citizenship, Civil Rights, and the Constitution: The Original Sense of the Privileges or Immunities Clause

Equal Citizenship, Civil Rights, and the Constitution: The Original Sense of the Privileges or Immunities Clause

1st Edition

Christopher Green
November 03, 2016

The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the...

The Accountability Gap in EU law

The Accountability Gap in EU law

1st Edition

Marios Costa
October 19, 2016

Almost two decades ago, the fall of the Santer Commission against a background of allegations of maladministration and nepotism had the effect of placing accountability on the political agenda of the EU institutions. More recently, the non-ratification of the Constitutional Treaty, the difficulties...

Constitutionalism in the Global Realm: A Sociological Approach

Constitutionalism in the Global Realm: A Sociological Approach

1st Edition

Poul F. Kjaer
August 04, 2016

This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of...

The Legal Philosophy and Influence of Jeremy Bentham: Essays on 'Of the Limits of the Penal Branch of Jurisprudence'

The Legal Philosophy and Influence of Jeremy Bentham: Essays on 'Of the Limits of the Penal Branch of Jurisprudence'

1st Edition

Guillaume Tusseau
May 10, 2016

Gathering together an impressive array of legal scholars from around the world, this book features essays on Jeremy Bentham’s major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence, reassessing Bentham’s theories of law as well as his impact on jurisprudence. While...

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