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Constitutionalism in the 21st Century

Edited by: Gonçalo de Almeida Ribeiro, Raquel Barradas de Freitas

ISBN13: 9781509999897
To be Published: April 2027
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00





This volume collects a set of short, original essays on the foundations of and challenges to constitutionalism.

Bringing together senior public law scholars from a variety of constitutional jurisdictions and academic cultures, this collection seeks to provide a sample of scholarly work marked by a diverse set of theoretical and practical concerns.

The collection is directed at scholars working in the fields of constitutional and political theory, comparative constitutional law, and political philosophy, as well as at students. It is also designed to reach a broader audience of informed non-specialists with an interest in the theory and practice of constitutionalism. The central aim of the volume is to shed light on fundamental questions about how constitutionalism is to be understood, theorised, and practised.

Subjects:
Constitutional and Administrative Law
Contents:
1. Introduction: Constitutionalism - The Life of an Idea, Gonçalo de Almeida Ribeiro (Católica Law School, Portugal) and Raquel Barradas de Freitas (Nova School of Law, Portugal)

Part One: Foundations
2. Constitutionalism's Fate, Martin Loughlin (London School Of Economics, UK)
3. The Right to Have Rights: Sovereign Rights Before Legal Rights, Paul Kahn (Yale Law School, USA)
4. Constitutional Adjudication and the Limits of Judicial Authority, Richard Ekins (University of Oxford, UK)
5. Constitutional Amendment and Dismemberment in Constitutional Courts, Richard Albert (University of Texas at Austin, USA)
6. More Philosopher, Less King: Constitutional Reasoning for Weaker Courts, Roni Mann (Barenboim-Said Akademie, Germany)
7. European Constitutional Law and its Public Sphere, Alexander Somek (University of Vienna, Austria)
8. Beyond Constitutional Pluralism: The Challenge of Transdemocracy, Marcelo Neves (University of Brasília, Brazil)

Part Two: Challenges
9. Principles and Problems of Militant Democracy, Mattias Kumm (NYU School of Law, US)
10. Constitutional Review in the Age of Elected Authoritarians, Wojciech Sadurski (University of Sydney, Australia)
11. Executive Unbound in the State of Emergency?, Anna-Bettina Kaiser (Humboldt University, Germany)
12. The Digital Turn of Constitutionalism in the 21st Century, Giovanni De Gregorio (Católica Global School of Law, Portugal)
13. The Realisation of Equality: Time Passes, Challenges Remain, Virgílio Afonso da Silva (University of São Paulo, Brazil)
14. Constitutional Identity and Dialogue in the European Union, Koen Lenaerts (President of the CJEU)
15. A Branch of Federal Theory: Against Constitutional Pluralism's Exceptionalism, Signe Larsen (University of Warwick, UK)