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Comparative Constitution Making

Comparative Constitution Making

Author: David Landau; Hanna Lerner
Publisher: Edward Elgar Publishing
ISBN: 9781785365256
Published In: November 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: S$538.72

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Contents

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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.

1. Introduction

Hanna Lerner and David Landau

Part I: Foundations

2. Revolutions and Constitution-Making

Andrew Arato

3. Constitution Making and Social Transformation

Heinz Klug

4. International Involvement in Constitution-Making

Cheryl Saunders

5. Constituent Power, Primary Assemblies, and the Imperative Mandate

Joel Colon-Rios

6. Amendment and Revision in the Unmaking of Constitutions

Richard Albert

Part II: Techniques and Processes

7. The Constitutional Referendum in Historical Perspective

Zach Elkins and Alexander Hudson

8. Constitutional Design Deferred

Rosalind Dixon

9. Making Constitutions in Deeply Divided Places

Brendan O'Leary

10. Civil society, participation and the making of Kenya’s constitution

Yash Ghai

11. How Constitutional Crowdsourcing can Enhance Legitimacy in Constitution-Making

Carlos Bernal

Part III: Contexts and Contents

12. Religion and Constitution-Making in Comparative Perspective

Asli Bali and Hanna Lerner

13. Constitution Making and State Building

Joanne Wallis

14. The Making of ‘Illiberal Constitutionalism’ with or without a New Constitution: The Case of Hungary and Poland

Gabor Halmai

15. Constitution Making: The case of ‘Unwritten’ Constitutions

Janet McClean

16. The Making of Constitutional Preambles

Justin Frosini

Part IV: Historical Perspectives

17. Constitutionalism Ancient and Oriental

Patricia Springborg

18. First Constitutions: American Procedural Influence

Lorianne Updike Toler

19. National Identity and Constitutions in Modern Europe: Into the Fifth Zone

Bill Kissane and Nick Sitter

20. Constitution Making and Constitutionalism in Europe

Chris Thornhill

Part V: Regional Perspectives

21. The Unsurprising but Distinctive Nature of Constitution Writing in the Arab World

Nathan Brown

22. Constitution Crafting in South Asia: Lessons on Accommodation and Alienation

Menaka Guruswamy

23. Constitution-making and Public Participation in Southeast Asia

Melissa Crouch

24. Voluntary Infusion of Constitutionalism in Anglophone African Constitutions

Francois Venter

25. Post-Soviet Constitution-Making

Will Partlett

26. Constituent Power and Constitution-Making in Latin America

David Landau

Index

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