Quasi-Constitutionality and Constitutional Statutes: Forms, Functions, Applications

ISBN-13: 9780367660789 / Angielski / Miękka / 2020 / 284 str.

Richard Albert; Joel Col?n-R?os

Opis

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

Spis treści

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

O autorze

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

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