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Although the Global South represents 'most of the world' in terms of constitutions and population, it is underrepresented in comparative constitutional discourse. This book fills the gap in this scholarship by tackling the most important aspects of comparative law from the Southern perspective.
In the post-Soviet era, there are only five socialist/communist regimes left in the world. However, there is little writing that considers these regime structures and the role constitutionalism plays in maintenance and development of the state and institutions of these countries. This book examines the effects of change across these constitutions.
Poland's anti-constitutional breakdown poses three questions that this book sets out to answer: What, exactly, has happened since 2015? Why did it happen? And what are the prospects for a return to liberal democracy?
This monograph explores how the constitutional courts in the United States, Germany, and South Africa have invoked slavery, Nazism, and apartheid - three historical evils - as an aid in constitutional interpretation. It examines how the memory of evil pasts moulds constitutional meaning in the contested present.
This monograph examines unamendable provisions of constitutions, known as eternity clauses, and the challenges they present to democratic constitutionalism. The book explores the role of eternity clauses in constitution-making, constitutional adjudication, and constitutional reform and posits an ambiguous legacy for eternity clauses.
This book investigates the practice of referendums as a method of peacebuilding in conflict societies, their rationales, their successes, and their failures, across a variety of jurisdictions.
Utilizing detailed case studies from Nigeria, Ethiopia, and South Africa, this title traces African constitutionalism from precolonial times to the present. The volume offers a new framework for understanding African constitutionalism and a range of practical proposals for its future development.
Outsourcing Rulemaking Powers identifies the shared constitutional principles that determine the limits to the outsourcing of rulemaking powers. Through the examination of multiple countries, this book argues that there should be minimal legal safeguards to which all rules must heed, in particular those made by autonomous public or private actors.
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