Comparative Constitutional Law 4th ed (eBook)

Designed for use in law school courses, Comparative Constitutional Law introduces fundamental debates on the nature of constitutions, constitutional comparison, and the relationships between constitutions and constitutionalism in its various forms.

The book explores how constitutions are made and changed, including recent applications of "unconstitutional constitutional amendment" doctrines, and the role of different institutions - legislatures, executives, publics, as well as courts - in constitutional interpretation and constitutional change. Following a detailed study of the structure and interpretive approaches of national apex courts that decide constitutional questions, the book goes on to consider six subject areas of importance in contemporary constitutionalism: separation of powers and emergencies; federalism and related consociational constitutional arrangements; equality and pluralism; religion; free expression; and positive rights or duties. Including excerpts of cases and scholarly material from the Global South, Europe, and North America, this volume emphasizes the need to understand the broader sociolegal contexts in which constitutional design and decisions occur. In response to growing trends of democratic retrogression in courts around the world, this new edition provides expanded coverage of abusive constitutionalism, authoritarianism, and illiberalism. It additionally offers insightful discussions on constitutional actors' responses to the COVID-19 pandemic; gender and LGBTQ+ equality issues; and indigenous peoples' rights and environmental rights. Providing an overview of constitutional law that is both comprehensive and accessible, the fourth edition of Comparative Constitutional Law is an invaluable resource for law students and academics.

New to this Edition:

• Employs two additional authors, Rosalind Dixon and Madhav Khosla, bringing a broader range of expertise to the editorial team
• Discusses prominent new issues in the field, including transborder constitutional problems; authoritarian constitutionalism; political process theories of judicial review; the role of conventions in systems like that of the United Kingdom; rights of nature; rights of indigenous peoples; constitutional actors' reactions to COVID-19 pandemic
• Features in-depth studies of Indian Supreme Court and of the Colombian Constitutional Court, to reflect their rising importance in the Global South
• Includes expanded coverage of abusive constitutionalism, consistent with trends of democratic retrogression in the world; of theories of constituent power that bear on constitution-making and the idea of unconstitutional constitutional amendments; and of gender equality and LGBTQ+ issues