Routledge Handbook of Constitutional Law

Routledge Handbook of Constitutional Law

by Mark Tushnet, Thomas Fleiner, Cheryl Saunders
Released June 2013
Publisher(s): Routledge
ISBN: 9781135100186

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Book description

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.

Table of contents

  1. Cover
  2. Title
  3. Copyright
  4. Contents
  5. Contributors
  6. Table of cases
  7. Introduction
  8. PART I General issues
    1. 1 Constitutions
    2. 2 Constitutions embedded in different legal systems
    3. 3 International relations and international law
    4. 4 Constitutions and legitimacy over time
    5. 5 Constitution-writing processes
  9. PART II Structures
    1. 6 Systems of government
    2. 7 Emergency powers
    3. 8 The judiciary and constitutional review
    4. 9 Justiciability
    5. 10 Administrative bureaucracy
    6. 11 Elections and electoral systems in constitutional regimes
    7. 12 Federalism and autonomy
    8. 13 Minority rights
    9. 14 Horizontal effect/state action
  10. PART III Rights
    1. 1. Integrity
      1. 15 ‘Human dignity’ as a constitutional doctrine
      2. 16 The limits of punishment
    2. 2. Communication rights
      1. 17 Ancient and modern: access to information and constitutional governance
      2. 18 Freedom of expression and association
      3. 19 Freedom of religion and religion–state relations
    3. 3. Due process
      1. 20 Procedural fairness generally
      2. 21 Rights in the criminal process: a case study of convergence and disclosure rights
    4. 4. Non-discrimination
      1. 22 General provisions dealing with equality
      2. 23 Sites of constitutional struggle for women’s equality
      3. 24 Race and ethnicity discrimination
      4. 25 Affirmative action
      5. 26 Minorities and group rights
    5. 5. Rights and society
      1. 27 Rights of non-citizens
      2. 28 Proprietary constitutionalism
      3. 29 Fundamental social rights
      4. 30 Linguistic and cultural rights
      5. 31 Environmental rights and future generations
  11. PART IV New challenges
    1. 32 Asylum and refugees
    2. 33 The competing effect of national uniqueness and comparative influences on constitutional practice
    3. 34 Multicultural societies and migration
    4. 35 Constitutions, populations and demographic change
    5. 36 Supranational organizations and their impact on national constitutions
    6. 37 New technologies and constitutional law
  12. Index

Product information

  • Title: Routledge Handbook of Constitutional Law
  • Author(s): Mark Tushnet, Thomas Fleiner, Cheryl Saunders
  • Release date: June 2013
  • Publisher(s): Routledge
  • ISBN: 9781135100186