ABSTRACT

Comparative constitutional change has recently emerged as a distinct field in the study of constitutional law. It is the study of the way constitutions change through formal and informal mechanisms, including amendment, replacement, total and partial revision, adaptation, interpretation, disuse and revolution. The shift of focus from constitution-making to constitutional change makes sense, since amendment power is the means used to refurbish constitutions in established democracies, enhance their adaptation capacity and boost their efficacy. Adversely, constitutional change is also the basic apparatus used to orchestrate constitutional backslide as the erosion of liberal democracies and democratic regression is increasingly affected through legal channels of constitutional change.

Routledge Handbook of Comparative Constitutional Change provides a comprehensive reference tool for all those working in the field and a thorough landscape of all theoretical and practical aspects of the topic. Coherence from this aspect does not suggest a common view, as the chapters address different topics, but reinforces the establishment of comparative constitutional change as a distinct field. The book brings together the most respected scholars working in the field, and presents a genuine contribution to comparative constitutional studies, comparative public law, political science and constitutional history.

chapter 1|21 pages

Introduction

Comparative constitutional change: a new academic field

part I|92 pages

The study of comparative constitutional change

chapter 3|16 pages

Order From Chaos?

Typologies and models of constitutional change

chapter 4|13 pages

Constitutional Endurance

chapter 5|27 pages

Constitutional Amendment versus Constitutional Replacement

An empirical comparison

part II|83 pages

Formal constitutional change

chapter 7|19 pages

Formal Amendment Rules

Functions and design

chapter 11|16 pages

Participatory Constitutional Change

Constitutional referendums

part IV|92 pages

Contemporary challenges in the theory and practice of comparative constitutional change

part V|82 pages

Case studies

chapter 23|15 pages

Constitutional Change in Australia

The paradox of the frozen continent

chapter 24|18 pages

Preservationist Constitutional Change in Latin America

The cases of Chile and Brazil

chapter 25|14 pages

Informal Constitutional Change in Unlikely Places

The case of South Africa

chapter 26|14 pages

Constitutional Changes in Japan