1st Edition

Quasi-Constitutionality and Constitutional Statutes Forms, Functions, Applications

Edited By Richard Albert, Joel Colón-Ríos Copyright 2019
312 Pages
by Routledge

312 Pages
by Routledge

312 Pages
by Routledge

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... Read more

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.