"What is the purpose of comparative constitutional law? Comparing constitutions allows us to consider the similarities and differences in forms of government, and the normative philosophies behind constitutional choices. Constitutional comparisons offer "hermeneutic" help: they enable us to see "our" own constitution with different eyes and to locate its structural and normative choices by references to alternatives evident in other constitutional orders"--
Although the Global South represents 'most of the world' in terms of constitutions and population, it is underrepresented in comparative constitutional discourse. This text fills the gap in this scholarship by tackling the most important aspects of comparative law from the Southern perspective.
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Introduction : women's rights and gender equality in the XXI century : a relevant comparative constitutional issue / Irene Spigno, Valentina Rita Scotti, Janaína Lima Penalva da Silva -- Gender equality in the Republic of Croatia : two steps forwards, one step back / Anita Blagojević -- From equality to the failed "legislative breach of gender" in Germany / Francesca Brunetta d'Usseaux -- Gender equality and constitutional interpretation : Hungary / Tímea Drinóczi, Lídia Balogh -- The protection of women's rights in Italy : a constant "dialogue" between the legislator and constitutional judges / Valentina Rita Scotti -- Rise and fall of gender equality in Poland / Agnieszka Bień-Kacała, Julia Kapelańska-Pręgowska, Anna Tarnowska -- Spain, an ongoing transition towards gender equality / Mar Aguilera Vaqués -- The legal development of the pursuit of gender equality in Argentina / Ana Micaela Alterio, Paulina Macías -- Feminism for a future of Brazilian Constitutionalism / Janaína Lima Penalva da Silva, Vera Karam de Chueiri -- Gender equality and women's rights in Mexico. From a "gendered constitutional and legislative framework" to "pandemic" violence against women / Irene Spigno -- Gender equality and women's rights in the US Constitutional framework : a stalled past and an uncertain future / Graziella Romeo -- Gender equality in Ethiopia. The interaction of secular, religious and customary laws / Rossella Bottoni -- Onnazaka : the "women's slope' towards gender equality in Japan / Elisa Bertolini -- Women's rights in the constitutional framework of Kyrgyzstan / Asylai Akisheva -- Conclusions : are women's rights a reality in the XXI Century Comparative Constitutional Law? Some final remarks / Irene Spigno, Valentina Rita Scotti, Janaína Lima Penalva da Silva.
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The field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court. The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory. Providing the first single-volume, comprehensive reference resource, the 'Oxford Handbook of Comparative Constitutional Law' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends. ; https://larc.cardozo.yu.edu/faculty-edited/1023/thumbnail.jpg
This handbook provides a userfriendly and original and innovative introduction to comparative constitutional law. For each area of constitutional law, a general introduction and a comparative overview is provided, which is then followed by more detailed country chapters on that specific area. 00This book most notably includes many constitutional developments in the constitutional systems within our scope. Including the `Brexit? and the new compositions of the national parliaments and the European Parliament. What also sets this book apart is that the EU has been woven into it, as a constitutional system per se and as an international organization which heavily impacts upon domestic constitutional law of its member-states
Intro -- Table of Contents -- List of Contributors -- Table of Cases -- Table of Legislation -- Table of International Instruments -- Introduction -- I. Contributions of Volume II: Constitutional Amendment -- II. Analytical Framework -- III. Structure of the Volume -- PART I: EAST ASIA -- 1. Constitutional Amendment in Japan - 'Unfeasible' Amendments versus 'Unnoticed' Amendments -- I. Introduction -- II. Constitutional Amendment Rules -- III. Constitutional Amendment Practices -- IV. Conclusion -- 2. From Political Pact to People's Document: Constitutional Amendments in South Korea -- I. Introduction -- II. Constitutional Amendment Rules -- III. Constitutional Amendment Practice -- IV. The 1987 Constitution -- V. Constitutional Amendment Attempts Since 1987 -- VI. Conclusion -- 3. Amendments of the Socialist Constitution of Kim Jong-un Regime in North Korea -- I. Preface -- II. Emergence of the Kim Jong-un Regime and Development of North Korean Constitution -- III. The Main Content and Meaning of the Socialist Constitution in the Era of Kim Jong-un -- IV. Conclusion -- 4. Legal Regulations for Amendments to the Constitution of Mongolia and Practical Application -- I. Introduction -- II. Legal Arrangements for Amendments to the Constitution of Mongolia -- III. The Practice of Amending the Constitution -- IV. Conclusion -- 5. Constitutional Amendments in the People's Republic of China -- I. Introduction -- II. Origins of the Constitutional Amendment Process -- III. The Current System of Constitutional Amendments -- IV. Constitutional Amendments as Costly Signalling -- V. Conclusion -- 6. Law and Politics of the Constitutional Amendments in Taiwan -- I. Introduction -- II. Constitutional Amendment Rules -- III. Constitutional Amendment Practices -- IV. Conclusion -- 7. Amending the Hong Kong Basic Law: Within and Outside the Rules.
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"Through a comparative analysis involving 15 countries from around the world this book provides an invaluable assessment of women's equality at the global level. This book explores the constitutional protection of equality and women's rights in 15 countries drawn from Africa, America, Asia, and Europe. 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 involve looking 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 contribution in their roles as judges, parliamentarians, activists and academics, thus increasing the visibility of women's participation in the public sphere. The work will be of interest to academics, researchers and policy-makers working in the areas of Constitutional Law, Human Rights Law and Women's and Gender Studies"--
In: Forthcoming in Redefining Comparative Constitutional Law: Essays for Mark Tushnet (Vicki Jackson and Madhav Khosla eds., (Oxford University Press, 2024)