Richard Albert, Joel I. Colón-Ríos
February 27, 2019 Forthcoming
Reference - 320 Pages
ISBN 9780815385349 - CAT# K338084
Series: Comparative Constitutional Change
This book examines the narrow scope between constitutional convention and a formal constitution in which quasi-constitutionality exists. It provides a focal resource that can serve as a point of reference for scholars interested in quasi-constitutionality as a whole, from no single national perspective, expanding on its many forms, functions, and applications in a comparative way. The book is divided in three main Parts, each of them preceded by a separate critical introduction in which an informed scholar contextualizes the chapters and offers reflections on the themes they develop. The first Part, titled `Forms’, is composed of chapters that address, from a theoretical and comparative perspective, questions related to the recognition of constitutional statutes and quasi-constitutional legislation. The second Part is titled `Functions’, and contains four chapters that explore the explanatory power of quasi-constitutionality in different institutional contexts. The third Part, titled `Applications’, considers the ways in which constitutional statutes and quasi-constitutionality operate in relation to particular tensions and debates present in various jurisdictions.
Introduction: The Space Between Ordinary and Constitutional Law, Richard Albert and Joel Colón-Ríos Part I: Forms Part I Introduction: The Comparative Examination of (Quasi-)Constitutional Statutes—An Unstable Discourse, Claudia Geiringer 1. The Rise and Recognition of Constitutional Statutes, Scott Stephenson 2. How to Identify Quasi-Constitutional Legislation? An Example from Chile Sergio Verdugo 3. Exploring Constitutional Statutes in Common Law Systems, Rivka Weill Part II: Functions Part II Introduction: Unearthing the ‘Constitutional’ in Quasi-Constitutionality, Oran Doyle 4. Quasi-Constitutionality and the Treaty of Waitangi: Historicity and the Political, Mark Hickford 5. Quasi-Constitutionality in Canada and the Weak-Form Model of Constitutionalism and Judicial Review, John Helis 6. Quasi-Constitutional Amendments, Richard Albert 7. Reflecting and Building Asymmetries: The Role of (Sub-)Constitutional Statutes in Spain and the UK, Nikos Skoutaris 8. Towards a Quasi-Constitutional Law of Armed Conflict Detention Jonathan Hafetz Part III: Applications Part III Introduction: Around the World, Dean Knight 9. Constitutionally Obligatory Legislation: A Case Study in Legal Constitutionalism, Lael Weis
10. Quasi-Constitutionalism and Informal Legislative Entrenchment: The Case of the Affordable Care Act, Sofia Ranchordas 11. Quasi-Entrenched Living Statutes: Creating a Multicultural Rights Regime, Franciska Coleman 12. The Quasi-Constitutionality of Non-Statutory Law: Executive Constitutional Interpretation in Japanese Law, James Fisher