This research review highlights the complex, dynamic relationship between citizenship as membership status and the constitutional law that provides the cornerstone of all polities. It shows the many different ways in which we must use constitutional law in order to fully understand how one becomes a citizen, and what the meaning of citizenship is. It also analyses the key works which cover national, transnational and international aspects of the topic, providing a particular focus on how constitutional law constructs and upholds the range of citizenship rights. This research review will be a valuable source of reference for students, academics and practitioners interested in citizenship and constitutional law.
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The Centrality of Citizenship
Edited by Nils A. Butenschøn and Roel Meijer
The violent transitions that have dominated developments since the Arab Uprisings demonstrate deep-seated divisions in the conceptions of state authority and citizen rights and responsibilities. Analysing the Middle East through the lens of the ‘citizenship approach’, this book argues that the current diversity of crisis in the region can be ascribed primarily to the crisis in the relations between state and citizen. The volume includes theoretical discussions and case studies, and covers both Arab and non-Arab countries.
Between the Global North and the Global South
Edited by David Bilchitz and David Landau
To what extent should the doctrine of the separation of powers evolve in light of recent shifts in constitutional design and practice? Constitutions now often include newer forms of rights – such as socioeconomic and environmental rights – and are written with an explicitly transformative purpose. They also often reflect include new independent bodies such as human rights commissions and electoral tribunals whose position and function within the traditional structure is novel. The practice of the separation of powers has also changed, as the executive has tended to gain power and deliberative bodies like legislatures have often been thrown into a state of crisis. The chapters in this edited volume grapple with these shifts and the ways in which the doctrine of the separation of powers might respond to them. It also asks whether the shifts that are taking place are mostly a product of the constitutional systems of the global south, or instead reflect changes that run across most liberal democratic constitutional systems around the world.
Between Legal Assertions and Utopian Aspirations
Edited by Peter Hilpold
Europe has reached a crisis point, with the call for self-determination and more autonomy stronger than it ever has been. In this book, renowned international lawyers give a detailed account of the present state of international law regarding self-determination and autonomy.
Between Magic and Deceit
Comparative Constitutional Studies takes a rich area of research and teaching and makes it attractive for the classroom setting and beyond. Every constitution has an interesting story to tell, and for this book Günter Frankenberg has selected vibrant examples that encourage readers to practice realism, demonstrate critical spirit and examine the dark side of framers’ reports and normative theories.
Catharine A. MacKinnon
This accessible and incisive research review discusses a collection of formative and influential scholarship in a particularly dynamic area of legal development and social change: the role of gender within constitutional law. It features theoretical, empirical, and practical analyses from leading scholars, judges, and nongovernmental organizations around the world. The review is transnational and comparative in range and representative in scope, with particular attention paid to intersectionality, culture and custom. Written by an internationally renowned scholar, lawyer and activist, this review is an essential research tool for libraries, academic institutions, scholars and students alike.
Edited by Colin Crawford and Daniel Bonilla Maldonado
Constitutionalism in the Americas unites the work of leading scholars of constitutional law, comparative law and Latin American and U.S. constitutional law to provide a critical and provocative look at the state of constitutional law across the Americas today. The diverse chapters employ a variety of methodologies – empirical, historical, philosophical and textual analysis – in the effort to provide a comprehensive look at a generation of constitutional change across two continents.
Edited by Gary Jacobsohn and Miguel Schor
The need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance.
Edited by Anthony F. Lang and Antje Wiener
This Handbook introduces scholars and students to the history, philosophy, and evidence of global constitutionalism. Contributors provide their insights from law, politics, international relations, philosophy, and history, drawing on diverse frameworks and empirical data sets. Across them all, however, is a recognition that the international order cannot be understood without an understanding of constitutional theory. The Handbook will define this field of inquiry for the next generation by bringing together some of the leading contemporary scholars.
Edited by Corien Prins, Colette Cuijpers, Peter L. Lindseth and Mônica Rosina
Whether within or beyond the confines of the state, digitalization continues to transform politics, society and democracy. Information and Communication Technologies (ICTs) have already considerably affected political systems and structures, and no doubt they will continue to do so in the future. Adopting an international and comparative perspective, Digital Democracy in a Globalized World examines the impact of digitialization on democratic political life. It offers theoretical analyses as well as case studies to help readers appreciate the changing nature of democracy in the digital age.