Asymmetries, Courts, and Comparative Constitutional Law: A Dynamic Accommodation of Diversity in Divided Multi-Tiered Systems

Administrative / Constitutional Law

Asymmetries, Courts, and Comparative Constitutional Law: A Dynamic Accommodation of Diversity in Divided Multi-Tiered Systems

By Lidia Bonifati
Brill Nijhoff October 2025

Specifications

ISBN-13
9789004736870
Publisher
Brill Nijhoff
Publication
October 2025
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

This book explores constitutional asymmetries in divided multi-tiered systems as a dynamic constitutional model to accommodate ethnocultural diversity through a comparative analysis of 12 constitutional systems from both the Global North and the Global South. It offers a unique integrated analysis of asymmetries as designed by the constitutional orders and interpreted by courts.

The book contributes to the comparative constitutional scholarship on asymmetric federalism, providing for not only a qualitative but also a quantitative assessment of asymmetries. It combines traditional doctrinal and case-law analysis with emerging methodological approaches to legal research, such as empirical legal studies and decolonial comparative law.

Table of Contents

Dedication Page
Abbreviations
Foreword
Acknowledgements
Case Law
Introduction

Part 1 The Role of Constitutional Design
Chapter 1 Constitutional Design, Federalism, and Asymmetries
Chapter 2 Defining Asymmetries in Multi-tiered Systems
Chapter 3 Constitutional Asymmetries from a Comparative Perspective

Part 2 The Role of Constitutional Courts
Chapter 4 Courts and the Accommodation of Diversity
Chapter 5 Constitutional Courts, Federalism, and Asymmetries

Comparative Conclusions
Appendices
Index
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