Bücher der Reihe Comparative Constitutional Change

This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined.

This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) affect political participation and electoral justice at the national level.Looking at specific countries, the work analyses the legal impact the implementation of the ECtHR and the IACtHR judgments has, with a specific focus on cases in which the regional court concerned uses the "democratic argument," that is, an argument related to democracy and political rights. The reasoning is that, although democracy is a much wider concept, judgments concerning violations of political rights and electoral justice provide reliable indicators to assess the status and sustainability of democracy in a State. Moreover, the analysis of the violations of political rights and electoral justice allows an in-depth comparison between the two regional human rights systems. Mindful of the broader scope of the fall-out generated by the non-implementation of judgments, including in socio-economic terms, the book includes a section exploring how judgments issued by the ECtHR and the IACtHR affect voters' participation in the countries under their jurisdiction. To this end, an original dataset including the 47 Member States of the Council of Europe and the 20 countries which recognised the adjudicatory jurisdiction of the IACtHR is built.Multidisciplinary in aim and scope of analysis, the book will be an invaluable resource for researchers, academics, and policy-makers working in the areas of constitutional law, international human rights law, and political economy.

This book provides an in-depth guide to researchers and practitioners who are interested in analyzing the evolution of EU law from a national and comparative constitutional law perspective.

This book explores whether the legal and political institutions of Afghanistan have been able to incorporate diverse ethnic groups into the political process

This book offers insights into the legal mechanisms that are adopted in multilevel constitutional orders to accommodate the tension between contrasting interests of diversity and unity and the converging or diverging effects they may have on the functioning of a multilevel constitutional order.

This collection documents, analyses, and reflects on the Icelandic constitutional reform between 2009 and 2017. It offers a unique insight into this process by providing first-hand accounts of its different stages and core issues. Its 12 substantive chapters are written by the main actors in the reform, including the Chair of the Constitutional Council that drafted the 2011 Proposal for a New Constitution.Part I opens with an address by the President of the Republic and positions the constitutional reform in its full complexity and longer-term perspective, going beyond the frequent portrayal of that process in international discussion as being solely a result of the 2008 financial crisis. Part II offers a nuanced and contextualised reflection on Iceland's innovative approach to consultation and drafting involving lay participants, including its twenty-first-century digital take on 'the people,' which attracted international attention as 'crowdsourcing.' Part III analyses the main constitutional amendment proposals, and focuses on natural resources and environmental protection, which lie at the heart of Iceland's identity. The final part reflects on the reform's wider significance and includes an interview with the current Prime Minister, who is now taking the reform forward.The volume provides a basis for reflection on a groundbreaking constitutional reform in a democratic context. This long and complex process has challenged and transformed the ways in which constitutional change can be approached, and the collection is an invitation to discuss further the practical and theoretical dimensions of Iceland's experience and their far-reaching implications.

This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) affect political participation and electoral justice at the national level.

This book analyses the specificity of the law-making activity of European constitutional courts. The main hypothesis is that currently constitutional courts are positive legislators whose position in the system of State organs needs to be redefined.

This book explains how the idea and practice of unconstitutional constitutional amendments informs politics through various social and political actors, and in both formal and informal amendment processes. It is the first book-length study of the law and politics of unconstitutional constitutional amendments in Asia.

This collection explores the impact of activist courts on democracy, separation of powers and rule of law in times of emergency constitutionalism. It will be a valuable resource for academics and researchers working in the areas of courts, constitutional law and constitutional politics.

This book discusses contemporary accountability and transparency mechanisms by presenting a selection of case studies. It will be a valuable resource for academics, researchers and policymakers working in the areas of Constitutional Law and Politics.

This collection focuses on the particular nexus of popular sovereignty and constitutional change, and the implications of the recent surge in populism for systems where constitutional change is directly decided upon by the people via referendum.

This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics.

This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion.

This book examines the interstices among statutory enactment, constitutional convention and formal constitution in which quasi-constitutionality exists.

This collection documents, analyses and reflects on the Icelandic constitutional reform between 2009 and 2017. Its twelve substantive chapters are written by the main actors in the reform, including the chair of the Constitutional Council that drafted the 2011 Proposal for a New Constitution.