1st Edition

Routledge Handbook of Constitutional Law

Edited By Mark Tushnet, Thomas Fleiner, Cheryl Saunders Copyright 2013
    528 Pages
    by Routledge

    528 Pages
    by Routledge

    The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture.

    The book is split into four parts for ease of reference:

    • Part One: General issues "sets issues of constitutional law firmly in context including topics such as the making of constitutions, the impact of religion and culture on constitutions, and the relationship between international law and domestic constitutions.
    • Part Two: Structures presents different approaches in regard to institutions or state organization and structural concepts such as emergency powers and electoral systems
    • Part Three: Rights covers the key rights often enshrined in constitutions
    • Part Four: New Challenges - explores issues of importance such as migration and refugees, sovereignty under pressure from globalization, Supranational Organizations and their role in creating post-conflict constitutions, and new technological challenges.

    Providing up-to-date and authoritative articles covering all the key aspects of constitutional law, this reference work is essential reading for advanced students, scholars and practitioners in the field.

    Introduction Part One: General Issues 1. Constitutions and constitutionalism, Yasuo Hasebe and Cesare Pinelli  2. Constitutions embedded in different legal systems, Thomas Fleiner and Cheryl Saunders  3. International relations and international law, Anne Peters and Ulrich Preuss  4. Constitutions and legitimacy over time, Catherine Dupré and Jiunn-rong Yeh  5. Constitution making, Jennifer Widner and Xenophon Contiades Part Two: Structures 6. Governmental systems, Denis Baranger and Christina Murray  7. Emergency powers, Victor V. Ramraj and Menaka Guruswamy 8. The judiciary, constitutional review, and constitutional interpretation, Albert H.Y. Chen and Miguel Poiares Maduro  9. Justiciability, Mark Tushnet and Juani Bertomeu  10. Administrative bureaucracies, Janet MacLean with Mark Tushnet  11. Electoral systems, including voting rights and political parties, Mahendra P. Singh  12. Federalism and autonomy, Lidija R. Basta-Fleiner and Jean-François Gaudreault-Desbiens  13. Minorities: Structural provisions, Solomon Dersso and Francesco Palermo  14. State Action/Horizontal Effect, Colm O’Cinneide and Manfred Stelzer Part Three: Rights 15. Human Dignity, Dieter Grimm and Margit Cohn  16. Limits on punishment, Martin Scheinen and Denise Meyerson  17. Freedom of and right to information, Thomas Bull and Hugh Corder  18. Free expression and association, Iain Currie  19. Freedom of religion and establishment or non-establishment, W. Cole Durham and Carolyn Evans  20. Procedural fairness generally, Sophie Boyron and Wendy Lacey  21. Rights in connection with criminal process, Máximo Langer and Kent Roach  22. General provisions dealing with equality discrimination, Bryn-Otto Bryde and Michael Ashley Stein  23. Gender equality discrimination, Ruth Rubio-Marin and Wen-Cheng Chang  24. Race and ethnicity discrimination, Patrick Macklem and Adrien K. Wing  25. Positive discrimination/affirmative action with respect to gender and race, Robert J. Cottrol and Megan Davis  26. Minorities and group rights, Michael M. Karayanni and Roberto Gargarella  27. Rights of non-citizens, Atsushi Kondo and Dragoljub Popovic 28. Property Rights, Jeremy Webber and Kirsty Gover  29. Social and economic rights, George Katrougalos and Paul O’Connell  30. Linguistic and Cultural Rights, Bipin Adhikari and Carlos Viver Pi-Sunyer  31. Environmental rights, Hong Sik Cho and Ole W. Pedersen Part Four: New Challenges 32. Asylum and Refugees, Michelle Foster and Jonathan Klaaren  33. Sovereignty and Globalization, Zaid Al-Ali and Arun K. Thiruvengadam  34. Multicultural Societies and Migration, Pierre Bosset, Anna Gamper, and Theo Öhlinger  35. Population, Brian Opeskin and Enyinna Nwauche  36. Supranational Organizations, Marcus Boeckenforde and Daniel Sabsay  37. New Technological Challenges, Thomas Fetzer and Christopher S. Yoo


    Mark Tushnet is William Nelson Cromwell Professor of Law, Harvard Law School  author of "Why the Constitution Matters," "The Constitution of the United States: A Contextual Analysis," and numerous other books on constitutional law and US legal history

    Thomas Fleiner is Professor Emeritus. University of Fribourg, Switzerland and was former director of the Institute of Federalism. Professor Fleiner has served as a legal expert for Swiss and foreign governments and has been a guest professor in eight countries. 

    Cheryl Saunders is Laureate Professor, Melbourne Law School. President Emeritus, International Association of Constitutional Law. Professor Saunders also served as former president of the International Association of Centers for Federal Studies. She is also the author of The Constitution of Australia: A Contextual Analysis (Hart Publishing Ltd, 2011) and various books, chapters and articles on comparative constitutional law and method.



    'This volume enables readers to glimpse constitutional theory and practice around the globe. In brief essays (organized around the themes of constitutionalism, government structures, and various forms of rights), the authors address both longstanding and new problems addressed by constitutional orders. Moreover, rather than country-by-country comparisons, this Handbook focuses on the ideas and values that animate constitutional design; examples work in service of a subject matter, rather than as end unto themselves.  As a consequence, this Handbook invites readers to reflect on the aspirations that constitutions embody and the challenges that they face.'                                                                Judith Resnik, Arthur Liman Professor of Law, Yale Law School, USA