This book considers the relationship between proportionality and facts in constitutional adjudication. Analysing where facts arise within each of the three stages of the structured proportionality test…

Eugénie MÉRIEAU

This book analyses the unique constitutional system in operation in Thailand as a continuous process of bricolage between various Western constitutional models and Buddhist doctrines of Kingship.

Paul GOWDER

What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions?

This open access book traces the promise and paradox of the American rule of law in three interwoven ways.

David KOSAR & Ladislav VYHNÁNEK

This book provides a contextual and authoritative overview of the principles, doctrines and institutions that underpin the Czech constitution…

The Putney Debates 2019 (DJ Galligan eds.)

Are the courts our friend or our foe? Prompted by the constitutional crisis following the referendum of 2016, the Foundation for Law Justice and Society convened the second Putney Debates. Now convened on an annual basis, they provide a forum each year for the discussion of matters of constitutional importance…

David HOROWITZ

Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those…

David Bilchitz

Corporations can significantly affect the fundamental rights of individuals. This book investigates what legal obligations they have to respect, protect and realise these rights. In doing so, it addresses important conceptual issues surrounding fundamental rights…

Salvador Santino F. REGILME Jr.

Does foreign aid promote human rights? As the world’s largest aid donor, the United States has provided foreign assistance to more than 200 countries. Deploying global numerical data on US foreign aid and comparative historical analysis of America’s post–Cold War…

Edited by Arianna VEDASCHI and Kim Lane SCHEPPELE

Twenty years after the outbreak of the threat posed by international jihadist terrorism, which triggered the need for democracies to balance fundamental rights and security needs, 9/11 and the Rise of Global Anti-Terrorism Law offers an overview of counter-terrorism and…

Ali SHIRVANI

This book provides a hypothetical classification of constitutions through international law and human rights values used in any constitution, which draws connections between the inclusive standards of international law and human rights contained in the constitutions…

Oreste POLLICINO

This book explores how the Internet impacts on the protection of fundamental rights, particularly with regard to freedom of speech and privacy. In doing so, it seeks to bridge the gap between Internet Law and European and Constitutional Law.

Guillaume TUSSEAU

Contemporary constitutionalism grants judges a considerable role. Guarantors of compliance with the highest standard, they ensure the proper functioning of public authorities and the protection of fundamental rights. The most heated political antagonisms…

Tímea DRINÓCZI & Agnieszka BIEŃ-KACAŁA

This book theorizes illiberal constitutionalism by interrogation of the Rule of Law, democratic deterioration, and the misuse of the language and relativization of human rights protection, and its widespread emotional and value-oriented effect on the population…

Victoria MIYANDAZI

This book makes a significant contribution to the ongoing global conversations on the various understandings of equality. It illuminates the many ways in which diverse equality guarantees clash…

Edited by Li-ann THIO & Jaclyn L NEO

This book provides in-depth comparative analysis of how religious penal clauses have been developed and employed within Asian common law states, and the impact of such developments on constitutional rights…

Edited by Mariolina ELIANTONIO, Emilia KORKEA-AHO & Oana STEFAN

This volume analyses, for the first time in European studies, the impact that non-legally binding material (otherwise known as soft law) has on national courts and administration…

Edited by Ian LOVELAND

This book explores current human rights controversies arising in UK law, in the light of the way such matters have been dealt with in Canada…

Alexander HUDSON

Public participation is a vital part of constitution-making processes around the world, but we know very little about the extent to which participation affects constitutional texts. In this book, Alexander Hudson offers a systematic measurement of the impact of public participation in three much-cited cases…

Edited by Martin BELOV

What is the future of constitutionalism, state and law in the new technological age?

This edited collection explores the different aspects of the impact of information and technology revolution on state, constitutionalism and public law…

Edited by TT ARVIND, Richard KIRKHAM, Daithí Mac SÍTHIGH and Lindsay STIRTON

In this book, leading experts from across the common law world assess the impact of four seminal House of Lords judgments decided in the 1960s: Ridge v Baldwin, Padfeld v Minister of Agriculture, Conway v Rimmer, and Anisminic v Foreign Compensation Commission…