Global Canons in an Age of Contestation: Debating Foundational Texts of Constitutional Democracy and Human Rights
Global Canons in an Age of Contestation: Debating Foundational Texts of Constitutional Democracy and Human Rights
Chair of International and German Public Law and Comparative Law, Law Faculty
Inge Rennert Professor of Law
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Abstract
Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. There is much to like about this state of affairs. It has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving? Which more recent parts should be defining of the field? In this context, this book asks which are—or should be—the canonical texts of comparative constitutionalism. The theoretical scope of the contributions is broad and ambitious, selecting primary material from beyond the existing textbooks to engage the concept of a canon. This framework provides significant insights about inclusion and exclusion, and proposes candidates for canonical and anti-canonical materials. The result is a wide-ranging discussion, among many voices, of how particular judgments and other primary texts have shaped or should shape our understanding of central elements of democratic constitutionalism from a comparative law perspective. This book offers not a prescription of one universal understanding, but a platform for a broader conversation about the field and the future of constitutional democracy.
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Front Matter
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1
Introduction
Sujit Choudhry and others
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Part I Foundations
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2
A Global Constitutional Canon v Quasi-Canon? Towards a More Informed and Inclusive Comparative Constitutionalism
Rosalind Dixon
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3
The Jurisprudences of Canons of Comparative Constitutional Law
Mark Tushnet
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4
Emmanuel Sieyès, ‘What is the Third Estate?’ (1789)
Victor Ferreres Comella
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5
A Haitian Turn
Günter Frankenberg
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6
Exemplary but not Canonical The South African Voters Rights Cases
David Dyzenhaus
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7
A Constitutional Canon for Africa
James Fowkes
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8
The Mexican Constitution of 1917: A Canon for Latin American Constitutionalism
Ana Micaela Alterio andRoberto Niembro Ortega
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2
A Global Constitutional Canon v Quasi-Canon? Towards a More Informed and Inclusive Comparative Constitutionalism
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Part II Structures
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9
Separation of Powers
Kevin Y L Tan
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10
Global Canons, Term Limits, and the Constituent Power Theory
Sergio Verdugo
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11
The Canon of “Constitutional Unamendability” and “Basic Structure Doctrine” in Global Constitutional Studies
Chien-Chih Lin andWen-Chen Chang
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12
The Secession and Constitutionalism Canon
Yonatan T Fessha
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9
Separation of Powers
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Part III Rights
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13
The Questions of Dignity
Marcela Prieto Rudolphy
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14
Lüth and the ‘Objective System of Values’: From ‘Limited Government’ Towards an Autonomy-Based Conception of Constitutional Rights
Kai Möller
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15
Global Proportionality Canons from Latin America
Francisca Pou Giménez
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16
Freedom of Expression and the Constitutional Canon
Adrienne Stone
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17
Freedom of Religion
Jaclyn L Neo
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18
Comparative Constitutional Law of Property
David Schneiderman
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19
The Shifting Canon of Constitutional Equality
Renata Uitz
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20
Gender Discrimination and Canons for Constitutional Review
Yoon Jin Shin
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21
The Canons of Social and Economic Rights
Katharine G Young
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22
The Unsettled Canon of Social Rights Enforcement in Latin America
David Landau
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23
The Due Process Canon
Tom Ginsburg
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24
Drawing Their Own Boundaries: Constitutional Interpretation and the Constitutional Role of Courts
Catherine O’Regan
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25
Techniques of Judicial Avoidance
Richard Albert
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13
The Questions of Dignity
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Part IV Beyond the State and the Individual
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26
The City as an Anti-Canonical Concept in Constitutional Law (and Recent Attempts to Change That)
Ran Hirschl
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27
The Canon of Nature Rights
Alexandra Huneeus
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28
Canonizing the Corporation: Liberal, Social, and Transformative Varieties of Corporate Constitutionalism
Michael Riegner
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29
Act of State and Diplomatic Protection in the Modern Constitution: Two Case Studies
Phoebe Okowa
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30
The Hollow Canon of Transnational Constitutional Engagement
Vlad Perju
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26
The City as an Anti-Canonical Concept in Constitutional Law (and Recent Attempts to Change That)
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End Matter
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