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Constitutions and Democracies

Edited by: Tom Gerald Daly, Anna Dziedzic

ISBN13: 9781035342884
To be Published: December 2026
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £220.00





This essential Handbook interrogates the relationship between democracies and constitutions at a time of rapid global change. By examining key points of unsettlement, disruption and change, expert authors from across the multidisciplinary field of comparative constitutional studies both diagnose and respond to democracy’s challenges worldwide.

Presenting novel conceptual, empirical and theoretical analysis, this Handbook assesses whether existing understandings of constitutional democracy adequately capture the tensions and plurality that arise in the interaction of constitutionalism and democracy. Chapters consider how challenges such as climate change, inequality, digital technology, multi-level governance, and purported alternatives to liberal democracy require the rethinking of the established assumptions, methodologies, theories and frameworks of comparative constitutional studies. The Handbook builds on existing research by placing greater focus on non-judicial institutions, highlighting the democratic, as well as the constitutional, dimensions of governance. It provides agenda-setting reflections on future directions for the field.

Constitutions and Democracies is a key resource for scholars and students of public law and politics, especially those seeking a wide-ranging overview of themes and trends in comparative constitutional studies. It is also highly relevant to policymakers due to its combination of practical and theoretical insights into institutional design.

Subjects:
Constitutional and Administrative Law, Comparative Law
Contents:
1. A new age of unsettlement and resettlement 1
Tom Gerald Daly and Anna Dziedzic

PART I DISRUPTION: UNSETTLING PRACTICE, CONCEPTS AND THEORY
2. Greening democratic constitutionalism 21
Lael K. Weis
3. Democracy, digital constitutionalism and the AI revolution 41
Giovanni De Gregorio
4. Constitutional transformation in Aotearoa 58
Annie Te One
5. Democracy, constitutionalism, and the prismatic character of parties 68
Mouli Banerjee

PART II STUCTURAL CONDITIONS OF CONSTITUTIONAL DEMOCRACY
6. Revisiting constitutional endurance and democratic performance: the problem of term limits 86
Tom Ginsburg and Zachary Elkins
7. Gender, democracy and anti-gender constitutionalism 101
Ruth Rubio-Marín
8. Reassessing economic inequality: the missing link in democratic survival 117
Juliano Zaiden Benvindo
9. An independent public service as a constitutional necessity 134
Vicki C. Jackson
10. Constitutional assumptions of state capacity 153
Sumit Bisarya

PART III CONSTITUTIONAL TRANSITIONS AND DEMOCRATIC RESILIENCE
11. On constitutional design and democratic resilience 170
Rosalind Dixon and David Landau
12. Time, temporalities and constitutional design 193
Zim Nwokora
13. Deliberative citizen participation in processes of constitutional change 211
Fernanda Díaz Vidal, Nicole Curato, and David M. Farrell
14. Stalled and stillborn democratic transitions: constitutional change and democratisation in Chile 226
Samuel I. Tschorne
15. The return of the coup d’etat 246
Laura-Stella Enonchong

PART IV SCALE AND MULTI-LEVEL DEMOCRACY
16. Cities, constitutions, and democracy 263
Ran Hirschl
17. The future of federal democracy 279
Gautam Bhatia
18. Small states and democracy 293
Abrak Saati
19. Multilateralism, multilevel governance, regional organisations and democracy 305
Carlos Arturo Villagrán Sandoval
20. Global constitutionalism and democracy 323
Takao Suami

PART V INSTITUTIONS, CITIZENS AND INNOVATION
21. Elections and the democratic governance model 343
Yasmin Dawood
22. Populism and the executive in the modern democratic state 360
Anne Twomey
23. Re-thinking legislatures 375
Eneida Desiree Salgado
24. Courts and contested presidencies 392
D. Tinashé Hofisi
25. Re-centring citizens in constitutional democracies: deliberative referendums 406
Oran Doyle and Rachael Walsh