The papers on this panel, drawn from the forthcoming volume Constitutionalism in Context (CUP 2018), offer contextual and interdisciplinary perspectives on issues and jurisdictions at the cutting edge of the study of constitutionalism. Each chapter introduces the reader to a jurisdiction in a context-rich way, then proceeds to explore an emerging issue at length in...
Constitutional History and Constitutional Migration: Nepal
This chapter examines the uneasy relationship between indigenous constitutionalism and global norms in the specific jurisdictional context of Nepal, which is unusual within South Asia for having escaped colonialism and having a wealth of uninterrupted local tradition and custom on which to construct its constitutional system. This unusual level of historical continuity in the process...
Judicial Review of Constitutional Amendments: Taiwan
Major differences in the finality and impact of judicial review from country to country have led scholars to distinguish between “hard“ and “soft“ forms of judicial review. However, hard review does not give courts the last word: even in systems of nominally hard review, the government usually retains the ability to effectively override the courts...
Nonjudicial Constitutional Interpretation: The Netherlands
This chapter focuses on the manner in which non-judicial actors engage in constitutional guardianship, using the Netherlands as a case study. Article 120 of the Dutch Constitution explicitly prohibits courts from examining the constitutionality of Acts of Parliament. Instead, other institutions ensure that constitutional rules and values are duly taken into account, especially when new...