Comparative Constitutionalism: Cases and Materials

This law school casebook examines the impact of international movements on politics, the rule of law, and fundamental rights. It contains case excerpts from at least 40 countries and discusses different theories of constitutionalism and how constitutional democracies address similar issues. The fourth edition includes two new chapters on illiberal and populist constitutionalism, transgender equality rights, secession movements, and emergency powers to confront the Covid-19 pandemic.

Format: Hardback
Length: 1752 pages
Publication date: 30 October 2022
Publisher: West Academic Publishing

This law school casebook delves into the profound impact of the exponential growth in global movements of people, capital, goods, ideas, and information on politics, the rule of law, and the separation of powers, as well as on fundamental rights. It encompasses a comprehensive examination of the multifaceted effects of these international movements on national and international governance structures. The casebook features case excerpts from at least 40 countries across all continents, providing a rich and diverse perspective on the assumptions, choices, and trade-offs involved in legal decisions made by constitutional courts and human rights tribunals in various legal systems and political contexts. It explores diverse theories of constitutionalism and how constitutional democracies address similar challenges in different institutional settings.

In the fourth edition of this casebook, two new chapters have been added to address critical contemporary issues. The first chapter explores the phenomenon of illiberal constitutionalism, examining how certain governments have undermined democratic norms and institutions to consolidate power. The second chapter focuses on developing national and transnational constitutional responses to climate change, recognizing the urgent need for global cooperation in addressing this global challenge.

In addition to these new chapters, the fourth edition has been updated to cover important developments in the field. It includes a comprehensive coverage of transgender equality rights, reflecting the growing recognition of the rights of individuals who identify as transgender or non-binary. The book also delves into recent constitutional treatments of secession movements, shedding light on the legal challenges and complexities associated with such movements. Moreover, it explores the use of emergency powers by governments to confront the COVID-19 pandemic, highlighting the ethical and legal considerations involved in such measures.

By examining these diverse topics, this law school casebook provides a comprehensive and up-to-date understanding of the complex interplay between international movements, the rule of law, and fundamental rights. It serves as a valuable resource for law students, scholars, policymakers, and anyone interested in understanding the evolving dynamics of global governance.

Weight: 2690g
Dimension: 254 x 191 (mm)
ISBN-13: 9781684675500
Edition number: 4 Revised edition