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The Rights of Women in Comparative Constitutional Law
Through a comparative analysis involving 13 countries from Africa, America, Asia and Europe, this book provides an invaluable assessment of women’s equality at the global level. The work focuses on formal constitutional provisions as well as the substantial level of protection women’s equality has achieved in the systems analysed. The investigations look at the relevant gender-related legislation, the participation of women in the institutional arena and the constitutional interpretation made by constitutional justice on gender issues. Furthermore, the book highlights women’s contributions in their roles as judges, parliamentarians, activists and academics, thus increasing the visibility of their participation in the public sphere. The work will be of interest to academics, researchers and policy-makers working in the areas of Constitutional Law, Comparative Law, Human Rights Law and Women’s and Gender Studies.
Parliamentary Diplomacy in European and Global Governance
In Parliamentary Diplomacy in European and Global Governance, 27 experts from all over the world analyse the fast-expanding phenomenon of parliamentary diplomacy. Through a wealth of empirical case studies, the book demonstrates that parliamentarians and parliamentary assemblies have an increasingly important international role. The volume begins with parliamentary diplomacy in Europe, because the European Parliament is one of the strongest autonomous institutional actors in world politics. The study then examines parliamentary diplomacy in relations between Europe and third countries or regions (Mexico, Turkey, Russia, the Mediterranean), before turning attention to the rest of the world: North and South America, Asia, Africa and Australia. This pioneering volume confirms the worldwide nature and salience of parliamentary diplomacy in contemporary global politics.
An Unamendable Constitution?
This book examines the subject of constitutional unamendability from comparative, doctrinal, empirical, historical, political and theoretical perspectives. It explores and evaluates the legitimacy of unamendability in the various forms that exist in constitutional democracies. Modern constitutionalism has given rise to a paradox: can a constitutional amendment be unconstitutional? Today it is normatively contested but descriptively undeniable that a constitutional amendment—one that respects the formal procedures of textual alteration laid down in the constitutional text—may be invalidated for violating either a written or unwritten constitutional norm. This phenomenon of an unconstituti...
Peace as War
The book is about the peace implementation process in Bosnia-Herzegovina viewed, or interpreted reasonably, as a continuation of war by other means. Twenty years after the beginning of the Dayton peace accords, we need to summarize the results: the author shares the general agreement in public opinion, according to which the process is a failure. Pehar presents a broad, yet sufficiently detailed, view of the entire peace agreement implementation that preserves 'the state of war,' and thus encourages the war-prone attitudes in the parties to the agreement. He examines the political and narratological underpinnings to the process of the imposed international (predominantly USA) interpretation ...
Sociocide
Wars have a destructive impact on society. The violence in the first case is domicide, in the second urbicide, in the third genocide, and in the fourth, the book introduces a neologism, sociocide, the killing of society. Through the lens of this neologism, Keith Doubt provides persuasive evidence of the social, political, and human consequences of today’s wars in countries such as Bosnia and Iraq. Sociocide: Reflections on Today’s Wars rigorously formulates, develops, and applies the notion of sociocide as a Weberian ideal type to contemporary wars. Drawing upon sociology, anthropology, philosophy, and literature, Doubt analyzes war crimes, scapegoating, and torture and concludes by examining capitalism in the face of the coronavirus pandemic as a sociocidal force. Embedded in the humanistic tradition and informed by empirical science, this book provides a clear conceptual account of today’s wars, one that is objective and moral, critical and humanistic.
The Failure of Popular Constitution Making in Turkey
Offers an in-depth case study of the failure of popular constitution making in Turkey from 2011 to 2013.
The Use of Foreign Precedents by Constitutional Judges
In 2007 the International Association of Constitutional Law established an Interest Group on 'The Use of Foreign Precedents by Constitutional Judges' to conduct a survey of the use of foreign precedents by Supreme and Constitutional Courts in deciding constitutional cases. Its purpose was to determine - through empirical analysis employing both quantitative and qualitative indicators - the extent to which foreign case law is cited. The survey aimed to test the reliability of studies describing and reporting instances of transjudicial communication between Courts. The research also provides useful insights into the extent to which a progressive constitutional convergence may be taking place b...
Routledge Handbook of Comparative Constitutional Change
Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and dem...
The Right to Political Participation
This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) affect political participation and electoral justice at the national level. Looking at specific countries, the work analyses the legal impact the implementation of the ECtHR and the IACtHR judgments has, with a specific focus on cases in which the regional court concerned uses the “democratic argument,” that is, an argument related to democracy and political rights. The reasoning is that, although democracy is a much wider concept, judgments concerning violations of political rights and electoral justice provide reliable indicato...
Constitutional Change and Transformation in Latin America
Over the past 30 years, Latin America has lived through an intense period of constitutional change. Some reforms have been limited in their design and impact, while others have been far-reaching transformations to basic structural features and fundamental rights. Scholars interested in the law and politics of constitutional change in Latin America are turning increasingly to comparative methodologies to expose the nature and scope of these changes, to uncover the motivations of political actors, to theorise how better to execute the procedures of constitutional reform, and to assess whether there should be any limitations on the power of constitutional amendment. In this collection, leading and emerging voices in Latin American constitutionalism explore the complexity of the vast topography of constitutional developments, experiments and perspectives in the region. This volume offers a deep understanding of modern constitutional change in Latin America and evaluates its implications for constitutionalism, democracy, human rights and the rule of law.
