Comparative Constitutional History

Volume One: Principles, Developments, Challenges


While comparative constitutional law is a well-established field, less attention has been paid so far to the comparative dimension of constitutional history. The present volume, edited by Francesco Biagi, Justin O. Frosini and Jason Mazzone, aims to address this shortcoming by bringing focus to comparative constitutional history, which holds considerable promise for engaging and innovative work along several key avenues of inquiry. The essays contained in this volume focus on the origins and design of constitutional governments and the sources that have impacted the ways in which constitutional systems began and developed, the evolution of the principle of separation of powers among branches of government, as well as the origins, role and function of constitutional and supreme courts.

Contributors: Mark Somos, Gohar Karapetian, Justin O. Frosini, Viktoriia Lapa, Miguel Manero de Lemos, Francesco Biagi, Catherine Andrews, Gonçalo de Almeida Ribeiro, Mario Alberto Cajas-Sarria, and Fabian Duessel.

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Francesco Biagi (Ph.D., University of Ferrara, 2012) is Senior Assistant Professor of Comparative Public Law at the University of Bologna Department of Legal Studies. His latest book is European Constitutional Courts and Transitions to Democracy (CUP, 2020).

Justin O. Frosini is Associate Professor of Comparative Public Law at the Bocconi University in Milan and Adjunct Professor of Constitutional Law at Johns Hopkins University. He earned his law degree and his doctorate from the University of Bologna.

Jason Mazzone is the Albert E. Jenner, Jr. Professor at the University of Illinois at Urbana-Champaign where he also serves as Director of the Program in Constitutional Theory, History and Law. He earned undergraduate and law degrees from Harvard University and his doctorate from Yale University.
Notes on Contributors

Francesco Biagi, Justin O. Frosini and Jason Mazzone

Part 1
Constitutional Origins
1 George Bancroft in Göttingen: an American Reception of German Legal Thought
Mark Somos
2 Uniformity and Diversity. a Confrontation between French and Dutch Thought on Citizenship
Gohar Karapetian
3 The Historical and Legal Significance of Constitutional Preambles: a Case Study on the Ukrainian Constitution of 1996  Justin O. Frosini and Viktoriia Lapa
4 How the Court of Final Appeal of Hong Kong Should Re-assert Its Power to Review Acts of the Standing Committee
Miguel Manero de Lemos

Part 2
Challenges of Executive and Legislative Power
5 The Separation of Powers and Forms of Government in the mena Region Following the “Arab Spring”: a Break with the Past?
Francesco Biagi
6 ‘The Constitution Will Be Our Last Hope in the Momentary Storm.’ Institutions of Constitutional Protection and Oversight in Mexico and Their Contribution to Atlantic Constitutional Thought (1821–1841)  Catherine Andrews

Part 3
Judicial Authority and Its Limits
7 Judicial Review of Legislation in Portugal: Genealogy and Critique
Gonçalo de Almeida Ribeiro
8 Defending the Judiciary? Judicial Review of Constitutional Amendments on the Judiciary in Colombia
Mario Alberto Cajas Sarria
9 Direct Individual Access to Constitutional Justice in South Korea and Taiwan
Fabian Duessel

The volume is aimed both at an academic audience and practitioners interested in history, constitutional law, comparative law, comparative constitutional history, and comparative politics. It will also be suitable as a textbook for advanced undergraduate and postgraduate students. Keywords: history, constitutional law, comparative law, comparative constitutional history, comparative politics, constitutional systems, separation of powers, forms of government, constitutional courts, supreme courts, judicial review, migration of legal ideas.
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