The second edition discusses important recent developments and expands the treatment of dialogic forms of judicial review, presenting material on the British Human Rights Act and recent scholarly analyses of these forms of review. It includes substantial discussion of the treatment of emergencies in the world's constitutional systems, focusing on the extent to which constitutions regulate government operations in emergencies by requiring executives to obtain authorisation from legislatures or, in contrast, through direct judicial supervision of executive action. The former chapter on courts and constitutionalism has been reorganised and expanded, with new material on the political roles of constitutional courts.

 

Introduction: Reproductive Rights And Comparative Constitutional Law. The U.S. Supreme Court’s Abortion Decisions. Abortion and Constitutional Law in Canada and Germany. Concluding Note on Comparisons. What is Comparative Constitutional Law? The Value of Comparative Constitutional Study: Competing Perspectives. Comparing Legal Decisions. Constitutions and Constitutionalism. General Considerations. Constitutions Without Constitutionalism. Creating Constitutions: Constitutional Moments and Transitions. Creating Constitutional Legitimacy: Processes and Substance. Constitutional Change and Constitutional Legitimacy. Modern Constitutional Regime Change: Principle and Compromise. Constitutional Entrenchment, Courts and Democracy. Constitutionalism Without a Constitution? Constitutionalism Without Entrenchment? Constitutional Review Without a Bill of Rights. Constitutional Courts: Structure and Procedure. Structure and Function of Constitutional Courts: An Introduction. Structure, Composition, Appointment, & Jurisdiction of Constitutional Courts: The U.S., France, Germany & Eastern Europe. Adjudicatory Procedures. Constitutional Courts and Constitutional Adjudication. Constitutional Courts, Legitimacy and Foundational Case Narratives. Judicial Reasoning: Proportionality and Constitutional Texts. Judicial Legitimacy and Judicial Efficacy. Justiciability, Judicial Activism, and the Effects of Different Forms of Judicial Review on Legislative Roles. Separation of Powers: Governments, Courts and Emergency Powers. Comparative Structures of Representative Government: Parliamentary or Presidential Systems; Voting. Legislative and Executive Powers and Commitment to Hostilities. Legislative and Executive Power in Emergencies. Emergencies, Foreign Affairs and Courts: of Justiciability and Political Questions. Federalism: Power Sharing and Minority Protection. Federal Structure and Political Power: U.S., Canada, Germany, Switzerland and Europe. Federalism and the Protection/Accommodation of Minorities: Canada, Belgium, Ethiopia and The U.S. Federalism, The Assumption of State Boundaries, and the Limits of Law? Pluralism, Rights and Democracy. The United States and Race. Pluralism and Democracy: The Positive State and Affirmative Action in India. Pluralism, Group–Based Rights and Gender Equality. Religious Pluralism and Constitutional Law: Introduction; Problems of "Establishment"; Problems of Religious Liberty and Cultural Preservation; Freedoms of Expression and Association; A European Perspective on Free Speech/Free Press Freedoms; Free Speech, Hate Speech and Commercial Speech; Free Speech and Association Without a Constitution? A Quick Look At Great Britain; Defamation and the Constitutional Protection of Expression; Constitutions and the Positive State; State Action, Nongovernment Conduct and Rights; Social Welfare Rights: An Introduction.

 

Jurisdiction: International