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.

 

chapter |10 pages

The space between ordinary and constitutional law

ByRichard Albert, Joel I. Colón-Ríos

part Part I|14 pages

Forms

chapter 1|18 pages

The rise and recognition of constitutional statutes

ByScott Stephenson

chapter 2|19 pages

How to identify quasi-constitutional legislation?

An example from Chile
BySergio Verdugo

chapter 3|23 pages

Exploring constitutional statutes in common law systems

ByRivka Weill

part Part II|5 pages

Functions

chapter 4|23 pages

Quasi-constitutionality and the Treaty of Waitangi

Historicity and the political 1
ByMark Hickford

chapter 6|21 pages

Quasi-constitutional amendments

ByRichard Albert

chapter 7|20 pages

Reflecting and building asymmetries

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

chapter 8|19 pages

Quasi-constitutionality in armed conflict detention

ByJonathan Hafetz

part Part III|7 pages

Applications

chapter |1 pages

Quasi-constitutionality and the constitutional jigsaw puzzle

Characteristics, directionality and purpose
ByDean R. Knight

chapter 9|20 pages

Constitutionally obligatory legislation

A case study in legal constitutionalism
ByLael K. Weis

chapter 10|18 pages

Quasi-constitutionalism and informal legislative entrenchment: a case study

The case of the Affordable Care Act
BySofia Ranchordás

chapter 11|19 pages

Quasi-entrenched living statutes

Creating a multicultural rights regime
ByFranciska Coleman

chapter 12|18 pages

The quasi-constitutionality of non-statutory law

Executive constitutional interpretation in Japan
ByJames C. Fisher