Routledge Research in Constitutional Law
About the Book Series
This series features thought-provoking and original scholarship on constitutional law and theory. Books explore key topics, themes and questions in the field with a particular emphasis on comparative studies. Where relevant, titles will engage with political and social theory, philosophy and history in order to offer a rounded analysis of constitutions and constitutional law.
Peacebuilding, Constitutionalism and the Global South: The Case for Cognitive Justice Plurinationalism
1st Edition
By Kajit Bagu (John Paul)
March 31, 2021
This book presents the case that liberal constitutionalism in the global South is a legacy of colonialism and is inappropriate as a means of securing effective peace in regions that have been subject to recurrent conflict. The work demonstrates the failure of liberal constitutionalism in ...
Constitution-making and Human Rights in the Sudans
1st Edition
Edited
By Lutz Oette, Mohamed Abdelsalam Babiker
September 30, 2020
Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to ...
EU Law, Fundamental Rights and National Democracy
1st Edition
By Eduardo Gill-Pedro
September 30, 2020
The orthodox view is that rights complement democracy. This book critically examines this view in the context of EU fundamental rights, specifically in situations where EU law requires member states to respect EU fundamental rights. It first sets out a legal theoretical account of how human rights ...
Philosophy, Obligation and the Law: Bentham’s Ontology of Normativity
1st Edition
By Piero Tarantino
August 14, 2020
This book presents a comprehensive investigation of the notion of obligation in Bentham’s thought. For Bentham, obligation is a fictitious – namely linguistic – entity, whose import and truth lie in empirical perceptions of pain and pleasure, ‘real’ entities.This work explores Bentham’s ...
Constitutional Politics and the Judiciary: Decision-making in Central and Eastern Europe
1st Edition
Edited
By Kálmán Pócza
June 30, 2020
Recent confrontations between constitutional courts and parliamentary majorities, for example in Poland and Hungary, have attracted international interest in the relationship between the judiciary and the legislature in Central and Eastern European countries. Several political actors have argued ...
The Accountability Gap in EU law
1st Edition
By Marios Costa
June 30, 2020
Almost two decades ago, the fall of the Santer Commission against a background of allegations of maladministration and nepotism had the effect of placing accountability on the political agenda of the EU institutions. More recently, the non-ratification of the Constitutional Treaty, the difficulties...
The Internet and Constitutional Law: The protection of fundamental rights and constitutional adjudication in Europe
1st Edition
Edited
By Oreste Pollicino, Graziella Romeo
June 30, 2020
This book analyses emerging constitutional principles addressing the regulation of the internet at both the national and the supranational level. These principles have arisen from cases involving the protection of fundamental rights. This is the reason why the book explores the topic thorough the ...
Constitutional Acceleration within the European Union and Beyond
1st Edition
Edited
By Paul Blokker
December 12, 2019
Modern constitutionalism as an idea and practice is facing great uncertainty in current times. Scholarly debates focus predominantly on constitutions beyond the state, while the predicament of domestic constitutionalism is much less considered. This volume contributes to a theoretically informed ...
Democracy and the Human Rights Act: Republican Analysis of Citizen Power
1st Edition
By Dennis Dixon
June 17, 2019
This book discusses the extent to which the UK Human Rights Act successfully balances protection of rights and democracy. It explores the claim that the Act achieved a reconciliation between the protection of rights and democracy....
Equal Citizenship, Civil Rights, and the Constitution: The Original Sense of the Privileges or Immunities Clause
1st Edition
By Christopher Green
November 03, 2016
The Privileges or Immunities Clause of the Fourteenth Amendment is arguably the most historically important clause of the most significant part of the US Constitution. Designed to be a central guarantor of civil rights and civil liberties following Reconstruction, this clause could have been at the...
Constitutionalism in the Global Realm: A Sociological Approach
1st Edition
By Poul F. Kjaer
August 03, 2016
This book develops a sociologically informed theory of constitutionalism in the global realm, addressing both national and transnational forms of constitutional ordering. The book begins with the argument that current approaches to constitutionalism remain tied to a state-based conception of ...
The Legal Philosophy and Influence of Jeremy Bentham: Essays on 'Of the Limits of the Penal Branch of Jurisprudence'
1st Edition
Edited
By Guillaume Tusseau
May 10, 2016
Gathering together an impressive array of legal scholars from around the world, this book features essays on Jeremy Bentham’s major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence, reassessing Bentham’s theories of law as well as his impact on jurisprudence. While ...