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How Constitutions Change: A Comparative Study

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Edited by: Dawn Oiver, Carlo Fusaro

ISBN13: 9781849464987
Published: October 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2011)
Price: £23.99
Hardback edition , ISBN13 9781849460941



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This set of essays explores how constitutions change and are changed in a number of countries, and how the 'constitution' of the EU changes and is changed. For a range of reasons, including internal and external pressures, the constitutional arrangements in many countries are changing. Constitutional change may be formal, involving amendments to the texts of Constitutions or the passage of legislation of a clearly constitutional kind, or informal and organic, as where court decisions affect the operation of the system of government, or where new administrative and other arrangements (eg agencification) affect or articulate or alter the operation of the constitution of the country, without the need to resort to formal change.

The countries in this study include, from the EU, a common law country, a Nordic one, a former communist state, several civil law systems, parliamentary systems and a hybrid one (France). Chapters on non EU countries include two on developing countries (India and South Africa), two on common law countries without entrenched written constitutions (Israel and New Zealand), a presidential system (the USA) and three federal ones (Switzerland, the USA and Canada). In the last two chapters the editors conduct a detailed comparative analysis of the jurisdiction-based chapters and explore the question whether any overarching theory or theories about constitutional change in liberal democracies emerge from the study.

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Subjects:
Constitutional and Administrative Law, Comparative Law
Contents:
Part I
1. Changing Constitutions Carlo Fusaro and Dawn Oliver

Part II
2. Canada Tsvi Kahana
3. The Czech Republic Maxim Tomoszek
4. The European Union Renaud Dehousse
5. Finland Markku Suksi
6. France Sophie Boyron
7. Germany Jens Woelk
8. India Mahendra Pal Singh
9. Israel Suzie Navot
10. Italy Carlo Fusaro11. New Zealand Paul Rishworth
12. Republic of South Africa Hugh Corder
13. Spain Ascension Elvira
14. Switzerland Giovanni Biaggini
15. The United Kingdom Dawn Oliver
16. The United States of America Stephen M Griffin

Part III
17. Changing Constitutions: Comparative Analysis Dawn Oliver and Carlo Fusaro
18. Towards a Theory of Constitutional Change Carlo Fusaro and Dawn Oliver
Annex: Jurisdiction-based Chart