This series features thought-provoking and original scholarship on constitutional law and theory. Books explore key topics, themes and questions in the field with a particular emphasis on comparative studies. Where relevant, titles will engage with political and social theory, philosophy and history in order to offer a rounded analysis of constitutions and constitutional law.
This book discusses the extent to which the UK Human Rights Act successfully balances protection of rights and democracy. It is generally accepted that the Act prevents government from violating fundamental rights, but the extent to which the Act can legitimately be overridden as a result of…
Hardback – 2017-03-31
Routledge
Routledge Research in Constitutional Law
Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognised that the failure to…
Hardback – 2017-02-01
Routledge
Routledge Research in Constitutional Law
The volume addresses the phenomenon of constitutional acceleration, the increased recourse to constitutional revision and constitution-making - in, as well as on the edges of, contemporary Europe. With constitutional reform becoming less of an exceptional exercise and more of a form of routine…
Hardback – 2016-12-15
Routledge
Routledge Research in Constitutional Law
The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the…
Paperback – 2016-10-31
Routledge
Routledge Research in Constitutional Law
Almost two decades ago, the fall of the Santer Commission against a background of allegations of maladministration and nepotism had the effect of placing accountability on the political agenda of the EU institutions. More recently, the non-ratification of the Constitutional Treaty, the difficulties…
Hardback – 2016-10-18
Routledge
Routledge Research in Constitutional Law
This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of…
Paperback – 2016-08-04
Routledge
Routledge Research in Constitutional Law
Gathering together an impressive array of legal scholars from around the world, this book features essays on Jeremy Bentham’s major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence, reassessing Bentham’s theories of law as well as his impact on jurisprudence. While…
Paperback – 2016-05-10
Routledge
Routledge Research in Constitutional Law
The peace, order and good government (POGG) clause is found in the constitutions of almost all Commonwealth countries. Since its introduction, the clause has played a significant role in colonial and post-colonial constitutionalism in Commonwealth jurisdictions.This book is the first full length…
Paperback – 2016-04-21
Routledge
Routledge Research in Constitutional Law
This volume provides a holistic presentation of the reality of constitutional change in 18 countries (the 15 old EU member states, Canada, Switzerland and the USA). The essays offer analysis on formal and informal constitutional amendment bringing forth the overall picture of the parallel paths…
Paperback – 2016-03-03
Routledge
Routledge Research in Constitutional Law
This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the…
Hardback – 2016-01-21
Routledge
Routledge Research in Constitutional Law
This book considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the Council of Europe / EU and…
Paperback – 2015-08-21
Routledge
Routledge Research in Constitutional Law
The promulgation of the Fifth French Republic Constitution in 1958 marked the end of a complex constitutional history that has since 1789 seen more than twenty constitutions and five Republics. Lasting now for more than fifty years, the Fifth Republic Constitution has proven to be the right…
Paperback – 2015-05-22
Routledge
Routledge Research in Constitutional Law
It has been frequently argued that democracy is protected and realized under constitutions that protect certain rights and establish the conditions for a functioning representative democracy. However, some democrats still find something profoundly unsettling about contemporary constitutional…
Paperback – 2013-11-11
Routledge
Routledge Research in Constitutional Law