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Global Canons in an Age of Contestation: Debating Foundational Texts of Constitutional Democracy and Human Rights

Global Canons in an Age of Contestation: Debating Foundational Texts of Constitutional Democracy and Human Rights

Author: Sujit Choudhry; Mattias Kumm; Michaela Hailbronner
Publisher: Oxford University Press
ISBN: 9780192866158
Published In: June 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. This has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving? Which more recent parts should be defining of the field?

In this context, this book asks which are - or should be - the canonical texts of comparative constitutionalism. The theoretical scope of the contributions is broad and ambitious, selecting primary material from beyond the existing textbooks to engage the concept of a canon. This framework provides significant insights about inclusion and exclusion, and proposes candidates for canonical and anti-canonical materials. The result is a wide-ranging discussion, among many voices, of how particular judgments and other primary texts have shaped or should shape our understanding of central elements of democratic constitutionalism from a comparative law perspective. This book is not a prescription of one universal understanding, but a broader conversation about the field and the future of constitutional democracy.

1:Introduction, Sujit Choudhry, Michaela Hailbronner, and Mattias Kumm

Part I: Foundations

2:A Global Constitutional Canon v Quasi-Canon? Towards a More Informed and Inclusive Comparative Constitutionalism, Rosalind Dixon

3:The Jurisprudence of Canons of Comparative Constitutional Law, Mark Tushnet

4:Emmanuel Sieyes, 'What Is the Third Estate?' (1789), Victor Ferreres Comella

5:A Haitian Turn, Günter Frankenberg

6:Exemplary but not Canonical: The South African Voters' Rights Cases, David Dyzenhaus

7:A Constitutional Canon for Africa, James Fowkes

8:The Mexican Constitution of 1917: A Canon for Latin American Constitutionalism, Ana Micaela Alterio and Roberto Niembro

Part II: Structures

9:Separation of Powers, Kevin Tan

10:Global Canons, Term Limits, and the Constituent Power Theory, Sergio Verdugo

11:The Canon of “Constitutional Unamendability” and “Basic Structure Doctrine” in Global Constitutional Studies, Wen-Chen Chang and Chien-Chih Lin

12:The Secession and Constitutionalism Canon, Yonatan Fessha

Part III: Rights

13:The Questions of Dignity, Marcela Prieto Rudolphy

14:Lüth and the 'Objective System of Values': From 'Limited Government' Towards an Autonomy-Based Conception of Constitutional Rights, Kai Möller

15:Global Proportionality Canons from Latin America, Francisca Pou Giminez

16:Freedom of Expression and the Constitutional Canon, Adrienne Stone

17:Freedom of Religion, Jaclyn Neo Ling Chen

18:Comparative Constitutional Law of Property, David Schneiderman

19:Equality, Renata Uitz

20:Gender Discrimination and Canons for Constitutional Review, Yoon Jin Shin

21:The Canons of Social and Economic Rights, Katherine G Young

22:The Unsettled Canon of Social Rights Enforcement in Latin America, David E. Landau

23:The Due Process Canon, Tom Ginsburg

24:Drawing Their Own Boundaries: Constitutional Interpretation and the Constitutional Role of Courts, Kate O'Regan

25:Techniques of Judicial Avoidance, Richard Albert

Part IV: Beyond the State and the Individual

26:The City as a Canonical Concept in Constitutional Law (and Recent Attempts to Change That), Ran Hirschl

27:The Canon of Nature Rights, Alexandra Huneeus

28:Canonizing the Corporation: Liberal, Social, and Transformative Varieties of Corporate Constitutionalism, Michael Riegner

29:Act of State and Diplomatic Protection in the Modern Constitution: Two Case Studies, Phoebe Okowa

30:The Hollow Canon of Transnational Constitutional Engagement, Vlad Perju

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