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Constitutional Law and Politics of Secession
This collection presents an analysis of the concept of secession and its constitutional accommodation alongside an assessment of the effects of secession in constitutional and international law. The work proposes a new approach and insights into the existing literature that fill a gap from multidisciplinary and transdisciplinary perspectives. The book approaches the topics of secession, constitutionalism, and their relationship from both theoretical and empirical perspectives, including the analysis of particular secessionist examples, such as Catalonia, the Basque Country, Tigray, the Palestinian minority in Israel, Bosnia and Herzegovina, and the Mapuche Nation, from a comparative constitu...
Eternity Clauses in Democratic Constitutionalism
Comparative constitutional law has a long and distinguished history in intellectual thought and in the construction at public law. Political actors and the people who create or modify their constitutional orders often wish to learn from the experience and learning of others. This cross-fertilization and mutual interaction has only accelerated with the onset of globalization, which has transformed the world into an interconnected web that facilitates dialogue and linkages across international and regional structures. Oxford Comparative Constitutionalism seeks to publish scholarship of the highest quality in constitutional law that deepens our knowledge of local, national, regional, and global phenomena through the lens of comparative public low. Book jacket.
Secularism, Decolonisation, and the Cold War in South and Southeast Asia
The intensifying conflicts between religious communities in contemporary South and Southeast Asia signify the importance of gaining a clearer understanding of how societies have historically organised and mastered their religious diversity. Based on extensive archival research in Asia, Europe, and the United States, this book suggests a new approach to interpreting and explaining secularism not as a Western concept but as a distinct form of practice in 20th-century global history. In six case studies on the contemporary history of India, Indonesia, Malaysia, and Singapore, it analyses secularism as a project to create a high degree of distance between the state and religion during the era of...
Routledge Handbook of Illiberalism
The Routledge Handbook of IIliberalism is the first authoritative reference work dedicated to illiberalism as a complex social, political, cultural, legal, and mental phenomenon. Although illiberalism is most often discussed in political and constitutional terms, its study cannot be limited to such narrow frames. This Handbook comprises sixty individual chapters authored by an internationally recognized group of experts who present perspectives and viewpoints from a wide range of academic disciplines. Chapters are devoted to different facets of illiberalism, including the history of the idea and its competitors, its implications for the economy, society, government and the international order, and its contemporary iterations in representative countries and regions. The Routledge Handbook of IIliberalism will form an important component of any library's holding; it will be of benefit as an academic reference, as well as being an indispensable resource for practitioners, among them journalists, policy makers and analysts, who wish to gain an informed understanding of this complex phenomenon.
Asymmetries, Courts, and Comparative Constitutional Law
This book explores constitutional asymmetries in divided multi-tiered systems as a dynamic constitutional model to accommodate ethnocultural diversity through a comparative analysis of 12 constitutional systems from both the Global North and the Global South. It offers a unique integrated analysis of asymmetries as designed by the constitutional orders and interpreted by courts. The book contributes to the comparative constitutional scholarship on asymmetric federalism, providing for not only a qualitative but also a quantitative assessment of asymmetries. It combines traditional doctrinal and case-law analysis with emerging methodological approaches to legal research, such as empirical legal studies and decolonial comparative law.
Constitutional Topography
This volume explores the potential locations of constitutional values, their relationship with the text of the constitution, their function in judicial reasoning, and their function beyond the confines of court proceedings. Covering a wide range of perspectives from lawyers (including judges, former advocates, and law professors) to philosophers and political scientists, who offer an interesting combination of methodologies and exploring numerous national and international contexts, this collection of essays provides further insight into the ongoing rich and intense interdisciplinary exchange on constitutional axiology. The first part of the book reflects on the fundamental premises of the relationship between constitutional text and judicial reasoning. The second part provides adjudication-oriented answers to the theoretical positions outlined. Contributions in the closing section tackle specific values and value arguments in constitutional adjudication across jurisdictions, focusing on particular problems, including the impact and indirect consequences of contestation over values in the judicial arena.
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