ABSTRACT

This book examines the interstices among statutory enactment, constitutional convention and  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 national and transnational perspectives, expanding on its many forms, functions, and applications with recourse to comparative insights. 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 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.

 

part II|5 pages

Functions

chapter 4|23 pages

Quasi-constitutionality and the Treaty of Waitangi

Historicity and the political 1

chapter 6|21 pages

Quasi-constitutional amendments

chapter 7|20 pages

Reflecting and building asymmetries

The role of (sub-)constitutional statutes in Spain and the UK

part III|7 pages

Applications

chapter |1 pages

Quasi-constitutionality and the constitutional jigsaw puzzle

Characteristics, directionality and purpose

chapter 9|20 pages

Constitutionally obligatory legislation

A case study in legal constitutionalism

chapter 10|18 pages

Quasi-constitutionalism and informal legislative entrenchment: a case study

The case of the Affordable Care Act

chapter 11|19 pages

Quasi-entrenched living statutes

Creating a multicultural rights regime

chapter 12|18 pages

The quasi-constitutionality of non-statutory law

Executive constitutional interpretation in Japan