Muutke küpsiste eelistusi

Comparative Constitution Making [Kõva köide]

Edited by , Edited by
Teised raamatud teemal:
Teised raamatud teemal:
Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. Bringing together leading scholars from political science and comparative public law, this handbook presents a broad historical and geographical perspective, exploring debates on constitutionalism across the world. Contributions provide original, innovative research on central issues related to the process and context of constitution making and identify distinctive elements or models of regional constitutionalism. Insightful and comprehensive, this handbook offers impeccable guidance for students and scholars of constitutional and comparative public law, as well as political science, sociology and history, who are interested in the study of constitution making, democratization and post-conflict reconstruction. Lawyers, civil servants and NGOs in the field of constitutional advising and post-conflict institution building will also benefit from this handbook’s unique insight.

Recent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field.

Arvustused

'David Landau and Hanna Lerner, among the most knowledgeable students of constitution making, have gathered a highly qualified group of contributors from around the world to produce an exceptionally wide-ranging and informative volume. Scholars and practitioners will be able to benefit from this remarkable collection for years to come.' --Donald Horowitz, author of Constitutional Change and Democracy in Indonesia (CUP)'David Landau and Hanna Lerner have skillfully curated a comprehensive, state-of-the-art collection of essays on the theory and practice, political virtuosity and legal craft of constitution making across time and place. Refreshingly cross-disciplinary in its approach, this volume is an essential read for comparative constitutional scholars, jurists, activists and constitution drafters worldwide.' --Ran Hirschl, University of Toronto, Canada

'A stellar group of scholars offers a set of superb essays on constitution making. Combining explicitly theoretical contributions and country and regional studies deeply informed by constitutional theory, this book marks a major advance in our understanding of constitution-making around the world.' --Mark Tushnet, Harvard Law School, US

List of contributors
vii
1 Introduction to Comparative Constitution Making: The state of the field
1(26)
Hanna Lerner
David Landau
PART I FOUNDATIONS
2 Revolutions and constitution making
27(20)
Andrew Arato
3 Constitution making and social transformation
47(22)
Heinz Klug
4 International involvement in constitution making
69(21)
Cheryl Saunders
5 Constituent power, primary assemblies, and the imperative mandate
90(27)
Joel Colon-Rios
6 Amendment and revision in the unmaking of constitutions
117(25)
Richard Albert
PART II TECHNIQUES AND PROCESSES
7 The constitutional referendum in historical perspective
142(23)
Zachary Elkins
Alexander Hudson
8 Constitutional design deferred
165(21)
Rosalind Dixon
9 Making constitutions in deeply divided places: maxims for constitutional advisors
186(26)
Brendan O'Leary
10 Civil society, participation and the making of Kenya's constitution
212(23)
Yash Ghai
11 How constitutional crowdsourcing can enhance legitimacy in constitution making
235(23)
Carlos Bernal
PART III CONTEXTS AND CONTENTS
12 Religion and constitution making in comparative perspective
258(20)
Ash U. Bali
Hanna Lerner
13 Constitution making and state building
278(24)
Joanne Wallis
14 The making of "illiberal constitutionalism" with or without a new constitution: the case of Hungary and Poland
302(22)
Gabor Halmai
15 Constitution making: the case of "unwritten" constitutions
324(17)
Janet McLean
16 The making of constitutional preambles
341(22)
Justin O. Frosini
PART IV HISTORICAL PERSPECTIVES
17 Constitutionalism ancient and oriental
363(21)
Patricia Springborg
18 First constitutions: American procedural influence
384(24)
Lorianne Updike Toler
19 National identity and constitutions in modern Europe: into the fifth zone
408(19)
Bill Kissane
Nick Sitter
20 Constitution making and constitutionalism in Europe
427(20)
Chris Thornhill
PART V REGIONAL PERSPECTIVES
21 The unsurprising but distinctive nature of constitution writing in the Arab world
447(16)
Nathan J. Brown
22 Constitution crafting in South Asia: lessons on accommodation and alienation
463(25)
Menaka Guruswamy
23 Constitution making and public participation in Southeast Asia
488(22)
Melissa Crouch
24 Voluntary infusion of constitutionalism in Anglophone African constitutions
510(29)
Francois Venter
25 Post-Soviet constitution making
539(28)
William Partlett
26 Constituent power and constitution making in Latin America
567(22)
David Landau
Index 589
Edited by David Landau, Mason Ladd Professor and Associate Dean for International Programs, Florida State University, College of Law, US and Hanna Lerner, Associate Professor, School of Political Science, Government and International Affairs, Tel Aviv University, Israel