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Affirmative Action  

Daniel Sabbagh

Print publication date:
May 2012
Online publication date:
Nov 2012
This article begins with a discussion of the constitutionalization of affirmative action and its side effects. It examines the legal underpinnings of affirmative action in two relatively ... More

Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association)  

Ulrich K. Preuß

Print publication date:
May 2012
Online publication date:
Nov 2012
Associative rights cover those constitutional guarantees which deal with the joint actions of individuals. The promise of associative rights to individuals is the most effective means of ... More

Asymmetric Federalism  

Louise Tillin

Print publication date:
Mar 2016
Online publication date:
Feb 2017
This chapter examines the legal status and consequences of the asymmetrically federal provisions included in the Indian Constitution. In particular, it considers constitutional amendments ... More

B. Comparative Constitutional Analysis in United States Adjudication and Scholarship  

Michel Rosenfeld

Print publication date:
May 2012
Online publication date:
Nov 2012
This article presents an analysis of comparative constitutional law. This study deals with United States adjudication and scholarship. It discusses the current American controversy over citations to ... More

Bioethics and Basic Rights: Persons, Humans, and Boundaries of Life  

Judit Sándor

Print publication date:
May 2012
Online publication date:
Nov 2012
This article explores the connections between bioethics and basic rights partly by analyzing the basic legal norms of bioethics, and partly by comparing thematic cases from the ... More

Carving Out Typologies and Accounting for Differences Across Systems: Towards a Methodology of Transnational Constitutionalism  

Peer Zumbansen

Print publication date:
May 2012
Online publication date:
Nov 2012
This article outlines and assesses the role of ‘typologies’ in comparative constitutional thought. It discusses the transnational context of comparative constitutionalism, ... More

Citizenship  

Ayelet Shachar

Print publication date:
May 2012
Online publication date:
Nov 2012
This article highlights the trials and tribulations of citizenship in a world of increasing mobility and diversity. The discussion is divided into three parts. Section I provides a concise ... More

Comparative Administrative Law  

John S. Bell

Print publication date:
Mar 2019
Online publication date:
May 2019
Comparative administrative law is a long-standing discipline. The study of other administrative law systems both in order to understand one’s own system better and to find models for ... More

Comparative Constitutional Law  

Stephen Gageler and Will Bateman

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter points out the orthodoxy in Australia of consulting foreign law as an ordinary part of the interpretation and application of ‘constitutional provisions with a common genetic ... More

Comparative Constitutional Law  

Mark Tushnet

Print publication date:
Mar 2019
Online publication date:
May 2019
This article examines the evolution of the field of comparative constitutional law and its relationship to politics and international rights; constitutionalism; constitutional foundings ... More

Comparative Constitutional Law: A Contested Domain: A. Comparative Constitutional Law: A Continental Perspective  

Armin von Bogdandy

Print publication date:
May 2012
Online publication date:
Nov 2012
This article presents an analysis of comparative constitutional law. This study compares some elements of the development of constitutional scholarship in Europe. The emerging European ... More

Comparative Constitutional Law: Methodologies  

Vicki C. Jackson

Print publication date:
May 2012
Online publication date:
Nov 2012
Methodologies of constitutional comparison vary at least as much as, if not more than, methodologies more generally in comparative law. Methods vary in what they aim to do and in who is ... More

Conceptions of the State  

Olivier Beaud

Print publication date:
May 2012
Online publication date:
Nov 2012
This article challenges the idea that the concept of the state is a central feature of constitutional law everywhere. Sociologists have stolen a march on jurists by questioning whether the ... More

Constitution  

Mark Tushnet

Print publication date:
May 2012
Online publication date:
Nov 2012
This article examines three topics that have persistently arisen in connection with discussions of constitutions: What is the relation between a constitution and a ‘nation’ or a ‘people’, ... More

The Constitution and Justice  

Roberto Gargarella

Print publication date:
May 2012
Online publication date:
Nov 2012
This article is organized as follows. Section I examines a procedural approach to the constitution. According to the procedural reading, a just constitution has to be neutral among ... More

The Constitution in Comparative Perspective  

Heinz Klug

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines the historical and jurisprudential dimensions of the U.S. Constitution in relation to the constitutions of other countries in order to understand its place in the ... More

Constitution-Making: Process and Substance  

Claude Klein and András Sajó

Print publication date:
May 2012
Online publication date:
Nov 2012
This article considers the procedural and resulting legitimacy issues of constitution-making and fundamental constitutional amendment. These procedures are partly related to the different ... More

Constitutional Aspects of Commercial Law  

Anita Anand

Print publication date:
Oct 2017
Online publication date:
Nov 2017
This chapter describes the constitutional aspects of commercial law and focuses on division-of-powers issues relating to banking, bankruptcy, corporate, and securities law. The chapter ... More

Constitutional Courts  

Alec Stone Sweet

Print publication date:
May 2012
Online publication date:
Nov 2012
This article provides an introduction to the basic institutional features of constitutional courts (CCs), as well as an overview of the small but growing comparative literature on their ... More

Constitutional Identity  

Michel Rosenfeld

Print publication date:
May 2012
Online publication date:
Nov 2012
‘Constitutional identity’ is an essentially contested concept as there is no agreement over what it means or refers to. Conceptions of constitutional identity range from focus on the ... More

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