1st Edition
Quasi-Constitutionality and Constitutional Statutes Forms, Functions, Applications
This book examines the interstices among statutory enactment, constitutional convention and formal constitution in which quasi-constitutionality exists. It provides a focal resource that can serve as a point of reference for scholars interested in quasi-constitutionality as a whole, from national and transnational perspectives, expanding on its many forms, functions, and applications with recourse to comparative insights. The book is divided in three main Parts, each of them preceded by a separate critical introduction in which an informed scholar contextualizes the chapters and offers reflections on the themes they develop. The first Part, titled 'Forms', is composed of chapters that address, from a theoretical and comparative perspective, questions related to the recognition of constitutional statutes and quasi-constitutional legislation. The second Part is titled 'Functions', and contains chapters that explore the explanatory power of quasi-constitutionality in different institutional contexts. The third Part, titled 'Applications', considers the ways in which constitutional statutes and quasi-constitutionality operate in relation to particular tensions and debates present in various jurisdictions.
Introduction: The Space Between Ordinary and Constitutional Law Part I: Forms Part I Introduction: The Comparative Examination of (Quasi-)Constitutional Statutes—An Unstable Discourse 1. The Rise and Recognition of Constitutional Statutes 2. How to Identify Quasi-Constitutional Legislation? An Example from Chile 3. Exploring Constitutional Statutes in Common Law Systems Part II: Functions Part II Introduction: Unearthing the ‘Constitutional’ in Quasi-Constitutionality 4. Quasi-Constitutionality and the Treaty of Waitangi: Historicity and the Political 5. Quasi-Constitutionality in Canada and the Weak-Form Model of Constitutionalism and Judicial Review 6. Quasi-Constitutional Amendments 7. Reflecting and Building Asymmetries: The Role of (Sub-)Constitutional Statutes in Spain and the UK 8. Towards a Quasi-Constitutional Law of Armed Conflict Detention Part III: Applications Part III Introduction: Around the World 9. Constitutionally Obligatory Legislation: A Case Study in Legal Constitutionalism 10. Quasi-Constitutionalism and Informal Legislative Entrenchment: The Case of the Affordable Care Act 11. Quasi-Entrenched Living Statutes: Creating a Multicultural Rights Regime 12. The Quasi-Constitutionality of Non-Statutory Law: Executive Constitutional Interpretation in Japanese Law
Biography
Richard Albert is the William Stamps Farish Professor of Law at The University of Texas at Austin, USA.
Joel Colón-Ríos is an Associate Professor at the Faculty of Law, Victoria University of Wellington, New Zealand.
