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Quasi-Constitutionality and Constitutional Statutes Richard Albert (The University of Texas at Austin, USA)

Quasi-Constitutionality and Constitutional Statutes By Richard Albert (The University of Texas at Austin, USA)

Quasi-Constitutionality and Constitutional Statutes by Richard Albert (The University of Texas at Austin, USA)


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Summary

This book examines the interstices among statutory enactment, constitutional convention and formal constitution in which quasi-constitutionality exists.

Quasi-Constitutionality and Constitutional Statutes Summary

Quasi-Constitutionality and Constitutional Statutes: Forms, Functions, Applications by Richard Albert (The University of Texas at Austin, USA)

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.

About Richard Albert (The University of Texas at Austin, USA)

Richard Albert is the William Stamps Farish Professor of Law at The University of Texas at Austin, USA.

Joel Colon-Rios is an Associate Professor at the Faculty of Law, Victoria University of Wellington, New Zealand.

Table of Contents

Introduction: The Space Between Ordinary and Constitutional Law Part I: Forms Part I Introduction: The Comparative Examination of (Quasi-)Constitutional Statutes-An Unstable Discourse 1. The Rise and Recognition of Constitutional Statutes 2. How to Identify Quasi-Constitutional Legislation? An Example from Chile 3. Exploring Constitutional Statutes in Common Law Systems Part II: Functions Part II Introduction: Unearthing the 'Constitutional' in Quasi-Constitutionality 4. Quasi-Constitutionality and the Treaty of Waitangi: Historicity and the Political 5. Quasi-Constitutionality in Canada and the Weak-Form Model of Constitutionalism and Judicial Review 6. Quasi-Constitutional Amendments 7. Reflecting and Building Asymmetries: The Role of (Sub-)Constitutional Statutes in Spain and the UK 8. Towards a Quasi-Constitutional Law of Armed Conflict Detention Part III: Applications Part III Introduction: Around the World 9. Constitutionally Obligatory Legislation: A Case Study in Legal Constitutionalism 10. Quasi-Constitutionalism and Informal Legislative Entrenchment: The Case of the Affordable Care Act 11. Quasi-Entrenched Living Statutes: Creating a Multicultural Rights Regime 12. The Quasi-Constitutionality of Non-Statutory Law: Executive Constitutional Interpretation in Japanese Law

Additional information

NPB9780815385349
9780815385349
081538534X
Quasi-Constitutionality and Constitutional Statutes: Forms, Functions, Applications by Richard Albert (The University of Texas at Austin, USA)
New
Hardback
Taylor & Francis Inc
2019-03-01
312
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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