It is widely assumed that a well-designed and well-implemented constitution can help ensure religious harmony in modern states. Yet how correct is this assumption? Drawing on groundbreaking research from Sri Lanka, this book argues persuasively for another possibility: when it comes to religion, relying on constitutional law may not be helpful, but harmful; constitutional practice may give way to pyrrhic constitutionalism. Written in a lucid and direct style, and aimed at both specialists and non-specialists, Buddhism, Politics and the Limits of Law explains why constitutional law has...

With contributions from leading scholars in constitutional law, this volume examines how carefully designed and limited doctrines of proportionality can improve judicial decision-making, how it is applied in different jurisdictions, its role on constitutionalism outside the courts, and whether the principle of proportionality actually advances or detracts from democracy. Contributions from some of the seminal thinkers on the development of scholarship on proportionality (e.g. Alexy, Barak, and Beatty) extend their prior work and engage in an important dialogue on the topic. Some offer...

The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.

This book investigates the mechanisms of judicial control to determine an efficient methodology for independence and accountability.

A theory of international courts that assumes member states can ignore international agreements and adverse rulings, and that the court does not have informational advantages.

This book explores the democratic methods by which political communities make their basic law, and the dangers associated with constitution-making.

When building democracy through new constitutions, the level of participation matters more than the content of the constitution itself. This book examines this theory.

Shah uncovers the complex interaction between constitutional law, religion and politics in three key plural societies in Asia.

This book illuminates how law and politics interact in the judicial doctrines and explores how democracy sustains and is sustained by the exercise of judicial power.

Analyzes the political roots of the systems of constitutional justice in Latin America, tracing their development over the last 40 years.