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.
Table of Contents
Introduction: The Space Between Ordinary and Constitutional Law, Richard Albert and Joel Colón-Ríos Part I: Forms Part I Introduction: The Comparative Examination of (Quasi-)Constitutional Statutes—An Unstable Discourse, Claudia Geiringer 1. The Rise and Recognition of Constitutional Statutes, Scott Stephenson 2. How to Identify Quasi-Constitutional Legislation? An Example from Chile Sergio Verdugo 3. Exploring Constitutional Statutes in Common Law Systems, Rivka Weill Part II: Functions Part II Introduction: Unearthing the ‘Constitutional’ in Quasi-Constitutionality, Oran Doyle 4. Quasi-Constitutionality and the Treaty of Waitangi: Historicity and the Political, Mark Hickford 5. Quasi-Constitutionality in Canada and the Weak-Form Model of Constitutionalism and Judicial Review, John Helis 6. Quasi-Constitutional Amendments, Richard Albert 7. Reflecting and Building Asymmetries: The Role of (Sub-)Constitutional Statutes in Spain and the UK, Nikos Skoutaris 8. Towards a Quasi-Constitutional Law of Armed Conflict Detention Jonathan Hafetz Part III: Applications Part III Introduction: Around the World, Dean Knight 9. Constitutionally Obligatory Legislation: A Case Study in Legal Constitutionalism, Lael Weis
10. Quasi-Constitutionalism and Informal Legislative Entrenchment: The Case of the Affordable Care Act, Sofia Ranchordas 11. Quasi-Entrenched Living Statutes: Creating a Multicultural Rights Regime, Franciska Coleman 12. The Quasi-Constitutionality of Non-Statutory Law: Executive Constitutional Interpretation in Japanese Law, James Fisher
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.