Description
Book SynopsisRecent years have witnessed an explosion of new research on constitution making.
Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field.
Bringing together leading scholars from political science and comparative public law, this handbook presents a broad historical and geographical perspective, exploring debates on constitutionalism across the world. Contributions provide original, innovative research on central issues related to the process and context of constitution making and identify distinctive elements or models of regional constitutionalism.
Insightful and comprehensive, this handbook offers impeccable guidance for students and scholars of constitutional and comparative public law, as well as political science, sociology and history, who are interested in the study of constitution making, democratization and post-conflict reconstruction. Lawyers, civil servants and NGOs in the field of constitutional advising and post-conflict institution building will also benefit from this handbook's unique insight.
Trade Review'David Landau and Hanna Lerner, among the most knowledgeable students of constitution making, have gathered a highly qualified group of contributors from around the world to produce an exceptionally wide-ranging and informative volume. Scholars and practitioners will be able to benefit from this remarkable collection for years to come.' --Donald Horowitz, author of
Constitutional Change and Democracy in Indonesia (CUP)
'David Landau and Hanna Lerner have skillfully curated a comprehensive, state-of-the-art collection of essays on the theory and practice, political virtuosity and legal craft of constitution making across time and place. Refreshingly cross-disciplinary in its approach, this volume is an essential read for comparative constitutional scholars, jurists, activists and constitution drafters worldwide.'
--Ran Hirschl, University of Toronto, Canada
'A stellar group of scholars offers a set of superb essays on constitution making. Combining explicitly theoretical contributions and country and regional studies deeply informed by constitutional theory, this book marks a major advance in our understanding of constitution-making around the world.'
--Mark Tushnet, Harvard Law School, US
Table of ContentsContents: 1. Introduction Hanna Lerner and David Landau Part I: Foundations 2. Revolutions and Constitution-Making Andrew Arato 3. Constitution Making and Social Transformation Heinz Klug 4. International Involvement in Constitution-Making Cheryl Saunders 5. Constituent Power, Primary Assemblies, and the Imperative Mandate Joel Colon-Rios 6. Amendment and Revision in the Unmaking of Constitutions Richard Albert Part II: Techniques and Processes 7. The Constitutional Referendum in Historical Perspective Zach Elkins and Alexander Hudson 8. Constitutional Design Deferred Rosalind Dixon 9. Making Constitutions in Deeply Divided Places Brendan O'Leary 10. Civil society, participation and the making of Kenya’s constitution Yash Ghai 11. How Constitutional Crowdsourcing can Enhance Legitimacy in Constitution-Making Carlos Bernal Part III: Contexts and Contents 12. Religion and Constitution-Making in Comparative Perspective Asli Bali and Hanna Lerner 13. Constitution Making and State Building Joanne Wallis 14. The Making of ‘Illiberal Constitutionalism’ with or without a New Constitution: The Case of Hungary and Poland Gabor Halmai 15. Constitution Making: The case of ‘Unwritten’ Constitutions Janet McClean 16. The Making of Constitutional Preambles Justin Frosini Part IV: Historical Perspectives 17. Constitutionalism Ancient and Oriental Patricia Springborg 18. First Constitutions: American Procedural Influence Lorianne Updike Toler 19. National Identity and Constitutions in Modern Europe: Into the Fifth Zone Bill Kissane and Nick Sitter 20. Constitution Making and Constitutionalism in Europe Chris Thornhill Part V: Regional Perspectives 21. The Unsurprising but Distinctive Nature of Constitution Writing in the Arab World Nathan Brown 22. Constitution Crafting in South Asia: Lessons on Accommodation and Alienation Menaka Guruswamy 23. Constitution-making and Public Participation in Southeast Asia Melissa Crouch 24. Voluntary Infusion of Constitutionalism in Anglophone African Constitutions Francois Venter 25. Post-Soviet Constitution-Making Will Partlett 26. Constituent Power and Constitution-Making in Latin America David Landau Index
