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Colonial Adventures: Commercial Law and Practice in the Making addresses the question how and to what extend the development of commercial law and practice, from Ancient Greece to the colonial empires of the nineteenth and twentieth centuries, were indebted to colonial expansion and maritime trade. Illustrated by experiences in Ancient Europe, the Americas, Asia, Africa and Australia, the book examines how colonial powers, whether consciously or not, reshaped the law in order to foster the prosperity of homeland manufacturers and entrepreneurs or how local authorities and settlers brought the transplanted law in line with the colonial objectives and the local constraints amid shifting economic, commercial and political realities.

Contributors are: Alain Clément (†), Alexander Claver, Oscar Cruz-Barney, Bas De Roo, Paul du Plessis, Bernard Durand, David Gilles, Petra Mahy, David Mirhady, M. C. Mirow, Luigi Nuzzo, Phillip Lipton, Umakanth Varottil, and Jakob Zollmann.
Author: Julia Schmidt
In The European Union and the Use of Force, Julia Schmidt examines the development and activities of the EU as an emerging international militaryactor. The author offers a comprehensive analysis of the conditions under which the EU can engage in military crisis management operations from the perspective of EU law as well as from the perspective of public international law, with a particular emphasis on the EU’s relationship with the United Nations and the EU’s relationship with its Member States in the context of the use of force.
Throughout the monograph, questions of European integration in the sphere of the common foreign and security policy as well as the EU’s place and role within the international community are put into focus.
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.
In: Comparative Constitutional History

This article analyzes modern religious life in Ukraine, specifically the relations between religious organizations and government bodies in state and social domains. Particular attention is given to the concrete territorial and historical evolution of state Christian doctrines and church relations in Ukrainian lands. The article also examines the main problems and conflicts regarding the registration and functioning of the largest religious organizations in the country, and relations between them. Special attention is paid to the role that religious organizations play in the democratic processes, and to their effect on the relations between state and church. These relations have unfolded against the background of the political events of the last 15 years in Ukraine and the region: internal social conflicts, the general trend toward pro-European democratization, and the Russian-Ukrainian conflict.

In: Journal of Law, Religion and State

Abstract

This chapter compares constitutional institutions that political thinkers in Revolutionary France, early nineteenth-century Spain, and Mexico devised with the aim of protecting constitutional order from abuses by one or more of the branches of government. The chapter focuses on two different types of historical institutions: those with moderating powers and those with conserving powers. Moderating institutions acted as buffers between legislative and executive authorities to prevent either from encroaching upon the prerogatives of the other. Conservative institutions undid unconstitutional actions and supervised constitutional order. The chapter shows that Mexicans were well-acquainted with the constitutional debates surrounding both types of institutions in France and Spain. It demonstrates that Mexican politicians not only endorsed these two types of institutions in their constitutional plans, but also reworked them to create an innovative institution of constitutional control in the 1836 Mexico Constitution: the Supreme Conservative Power.

In: Comparative Constitutional History
In: Comparative Constitutional History

Abstract

The judicial review of constitutional amendments in Colombia has evolved through the activism of constitutional judges rather than the texts of the Constitutions. In times of judicial crisis and reform to the judiciary it becomes more interesting because the constitutional judges have reviewed amendments regarding the judicial branch, as several of them have been declared unconstitutional during the last four decades. This chapter tells the trajectory of the review of constitutional amendments to the Judiciary, suggesting that one of the factors that could explain these rulings is the defence of the judicial branch by the constitutional judges. In this way, it tells the interdependency between politics and Law on the decisions that have limited the power of the Congress to reform the Judiciary, by the Supreme Court, between 1978 and 1991; as well as by the Constitutional Court as of the Constitution of 1991.

In: Comparative Constitutional History
Author: Fabian Duessel

Abstract

Individual access to constitutional justice can take many forms. One of the most prominent examples is the individual constitutional complaint. In many constitutional courts, the constitutional complaint has become the key method for individuals to assert constitutional claims. In Germany, constitutional complaint is very well established and it extends to complaints against judicial judgments. This chapter examines individual access to constitutional justice in South Korea and Taiwan. Although the legal systems of both countries have been heavily influenced by German constitutional practices, constitutional complaint against judicial judgments is explicitly prohibited in Korea; in Taiwan such a possibility was only officially introduced in 2019 and awaits implementation in 2022. By comparatively tracing and analysing the constitutional conditions, and nature and evolution of the mechanism of individual constitutional complaint in South Korea and Taiwan, this chapter aims to shed light on variations and convergences in individual access to constitutional justice in East Asia.

In: Comparative Constitutional History
Author: Mark Somos

Abstract

George Bancroft (1800–1891) was an influential statesman, historian and educator. He was one of the first Americans to attend the University of Göttingen as a young man in order to master multiple academic disciplines and educational techniques that the young United States needed. At Göttingen, Bancroft became fascinated by German constitutional theory and history, their connection to politics and human geography, and the forerunners of German legal science. After his return to the United States, Bancroft translated into English books by Arnold Heeren, his former professor. Bancroft also set up a school and adopted German teaching methods at Round Hill in Northampton, Massachusetts, employed German scholars, and intensely engaged Göttingen academics and other Americans who looked to Germany for pedagogic and constitutional inspiration. A close reading of Bancroft’s translations and correspondence suggests that this was not a one-way exchange. Bancroft was instrumental not only in importing German texts and practices into the United States, but also formulated American notions of progress, abolitionism and state-systems that in turn shaped the so-called Göttingen School.

In: Comparative Constitutional History