Comparative Constitutional History: Volume Two: Uses of History in Constitutional Adjudication

Constitutions are a product of history, but what is the role of history in interpreting and applying constitutional provisions? This volume addresses that question from a comparative perspective, examining different uses of history by courts in determining constitutional meaning. The book shows that there is considerable debate around the role of history in constitutional adjudication. Are, for example, historical public debates over the adoption of a constitution relevant to reading its provisions today? If a constitution represents a break from a prior repressive regime, should courts construe the constitution's provisions in light of that background? Are former constitutions relevant to interpreting a new constitution? Through an assessment of current practices the volume offers some lessons for the future practices of courts as they adjudicate constitutional cases. Contributors are: Mark D. Rosen, Jorge M. Farinacci-Fernós, Justin Collings, Jean-Christophe Bédard-Rubin, Cem Tecimer, Ángel Aday Jiménez Alemán, Ana Beatriz Robalinho, Keigo Obayashi, Zoltán Szente, Shih-An Wang, and Diego Werneck Arguelhes

Acknowledgments -- Notes on Contributors -- Introduction -- Francesco Biagi, Justin O. Frosini and Jason Mazzone -- Part 1 -- Constitutional Origins -- 1 George Bancroft in Göttingen: an American Reception of German Legal Thought -- Mark Somos -- 2 Uniformity and Diversity. a Confrontation between French and Dutch Thought on Citizenship -- Gohar Karapetian -- 3 The Historical and Legal Significance of Constitutional Preambles: a Case Study on the Ukrainian Constitution of 1996 Justin O. Frosini and Viktoriia Lapa -- 4 How the Court of Final Appeal of Hong Kong Should Re-assert Its Power to Review Acts of the Standing Committee -- Miguel Manero de Lemos -- Part 2 -- Challenges of Executive and Legislative Power -- 5 The Separation of Powers and Forms of Government in the mena Region Following the "Arab Spring": a Break with the Past? -- Francesco Biagi -- 6 'The Constitution Will Be Our Last Hope in the Momentary Storm.' Institutions of Constitutional Protection and Oversight in Mexico and Their Contribution to Atlantic Constitutional Thought (1821–1841) Catherine Andrews -- Part 3 -- Judicial Authority and Its Limits -- 7 Judicial Review of Legislation in Portugal: Genealogy and Critique -- Gonçalo de Almeida Ribeiro -- 8 Defending the Judiciary? Judicial Review of Constitutional Amendments on the Judiciary in Colombia -- Mario Alberto Cajas Sarria -- 9 Direct Individual Access to Constitutional Justice in South Korea and Taiwan -- Fabian Duessel -- Index.

"While comparative constitutional law is a well-established field, less attention has been paid so far to the comparative dimension of constitutional history. The present volume, edited by Francesco Biagi, Justin O. Frosini and Jason Mazzone, aims to address this shortcoming by bringing focus to comparative constitutional history, which holds considerable promise for engaging and innovative work along several key avenues of inquiry. The essays contained in this volume focus on the origins and design of constitutional governments and the sources that have impacted the ways in which constitutional systems began and developed, the evolution of the principle of separation of powers among branches of government, as well as the origins, role and function of constitutional and supreme courts. Contributors include: Mark Somos, Gohar Karapetian, Justin O. Frosini, Viktoriia Lapa, Miguel Manero de Lemos, Francesco Biagi, Ctherine Andrews, Gonçalo de Almeida Ribeiro, Mario Alberto Cajas-Sarria, and Fabian Duessel"--