Routledge Handbook of Constitutional Law

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Routledge Handbook of Constitutional Law

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The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture.

The book is split into four parts for ease of reference:

Part One: General issues "sets issues of constitutional law firmly in context including topics such as the making of constitutions, the impact of religion and culture on constitutions, and the relationship between international law and domestic constitutions.

Part Two: Structures presents different approaches in regard to institutions or state organization and structural concepts such as emergency powers and electoral systems

Part Three: Rights covers the key rights often enshrined in constitutions

Part Four: New Challenges - explores issues of importance such as migration and refugees, sovereignty under pressure from globalization, Supranational Organizations and their role in creating post-conflict constitutions, and new technological challenges.

Providing up-to-date and authoritative articles covering all the key aspects of constitutional law, this reference work is essential reading for advanced students, scholars and practitioners in the field.

Part 1: General issues 1. Constitutions and constitutionalism, Olivier Beaud and Yasuo Hasebe 2. Constitutions embedded in different legal systems, Thomas Fleiner and Cheryl Saunders 3. International relations and international law, Anne Peters and Ulrich Preuss 4. Constitutions and legitimacy over time, Catherine Dupre and Jiunn-rong Yeh 5. National uniqueness and convergence/globalization, Zaid Al-Ali and Arun Thiruvengadam 6. Religion and Culture, Javier Couso and Rohan Edrinsha 7. Constitution making 8. Constitutional interpretation, Amnon Reichman and Dominique Rousseau Part 2: Structures 9. Governmental systems, Denis Baranger and Christina Murray 10. Emergency powers, Victor Ramraj and Menaka Gurumswamy 11. The judiciary and constitutional review, Albert Chen and Luis Miguel Maduro 12. Administrative bureaucracies, Hector Fix-Fierro and Janet MacLean 13. Electoral systems, Babacar Kante and MP Singh 14. Federalism and autonomy, Lidija Basta-Fleiner and Jean Francois Gaudreault-Desbiens 15. Minorities, Solomon Dersso and Francesco Palermo 16. Free expression and association, Iain Currie Part 3: Rights 17. Freedom of and right to information, Thomas Bull and Hugh Corder 18. Freedom of religion and establishment or non-establishment, W. Cole Durham and Carolyn Evans 19. Human dignity, Margit Cohn and Dieter Grimm 20. Rights in connection with criminal process, Maximo Langer and Kent Roach 21. Procedural fairness, Sophie Boyron and Wendy Lacey 22. Limits on punishment, Denise Meyerson and Martin Scheinin 23. Rights of non-citizens, Linda Bosniak and Atsushi Kondo 24. General provisions dealing with equality, Ruth Rubio-Marin and Michal Stein 25. Gender equality, including rights of sexual minorities, Wen-Chen Chang 26. Race and ethnicity, Patrick Macklem and Adrien Wing 27. Positive discrimination/affirmative action with respect to gender and race, Robert Cottrol and Megan Davis 28. Social and economic rights, George Katrougalos 29. Property rights, Kirsty Gover and Jeremy Webber 30. "Third generation" rights, focusing on the distinction between individual and collective rights, Roberto Gargarella and Michael Karayanni 31. Cultural and language rights, Bipin Adhikari and Carlos Viver 32. Environmental rights, including rights of future generations, Han Sik Cho 33. State Action/Horizontal Effect, Colm O’Cinneide and Manfred Stelzer 34. Justiciability, Juani Bertomeu and Mark Tushnet Part 4: New Challenges 35. Asylum and Refugees, Michelle Foster and Jonathan Klaaren 36. Sovereignty, Nihil Bhuta and Stefan Oeter 37. Multicultural Societies and Migration, Anna Gamper and Theo Ohlinger 38. Supranational Organizations, including peace enforcement and United Nations, Nicholas Haysom 39. New Technological Challenges, Anita Allen and Thomas Fetzer

Mark Tushnet is William Nelson Cromwell Professor of Law, Harvard Law School author of "Why the Constitution Matters," "The Constitution of the United States: A Contextual Analysis," and numerous other books on constitutional law and US legal history

Thomas Fleiner is Professor Emeritus. University of Fribourg, Switzerland and was former director of the Institute of Federalism. Professor Fleiner has served as a legal expert for Swiss and foreign governments and has been a guest professor in eight countries.

Cheryl Saunders is Laureate Professor, Melbourne Law School. President Emeritus, International Association of Constitutional Law. Professor Saunders also served as former president of the International Association of Centers for Federal Studies. She is also the author of The Constitution of Australia: A Contextual Analysis (Hart Publishing Ltd, 2011) and various books, chapters and articles on comparative constitutional law and method.

'This volume enables readers to glimpse constitutional theory and practice around the globe. In brief essays (organized around the themes of constitutionalism, government structures, and various forms of rights), the authors address both longstanding and new problems addressed by constitutional orders. Moreover, rather than country-by-country comparisons, this Handbook focuses on the ideas and values that animate constitutional design; examples work in service of a subject matter, rather than as end unto themselves. As a consequence, this Handbook invites readers to reflect on the aspirations that constitutions embody and the challenges that they face.' Judith Resnik, Arthur Liman Professor of Law, Yale Law School, USA