This volume addresses the important, but under-noticed, question of the impact of state size and scale for constitutional law and governance.
Often, the best way to understand the effect of scale is to examine states where scale is demonstrably lacking. Doing so allows a form of 'reflective' comparison that provides greater insight and clarity into the significance of state size, and constitutional scale, as factors affecting a range of constitutional outcomes.
As such, the collection brings together scholars from a wide range of jurisdictions, living and working across the Global South and North, to focus on the lessons from a range of small states and jurisdictions in this context. Attention is devoted to the constitutional experiences of such states and jurisdictions in Europe, Africa, Asia, South America, the Caribbean and Oceania.
The volume also explicitly invites critical reflection on, and problemisation, of the issues of line-drawing and boundary definition around notions of state and jurisdictional size.
It will be of interest to audiences working in and interested in small states generally, as well as a broader comparative audience interested in issues of scale in constitutional design and implementation.
Introduction, Elisabeth Perham (UNSW, Australia), Maartje De Visser (Singapore Management University) and Rosalind Dixon (UNSW, Australia) Part One: Identity, Belonging and Culture 1. Identity, Creation, Survival and Stateness a. How Does 'State-ness’ Matter for Constitution-Making and Constitutional Design? Maartje De Visser (Singapore Management University) and Elisabeth Perham (UNSW, Australia) b. Potential Future Small States: The Case of New Caledonia and French Polynesia, Hervé Raimana Lallemant-Moe (University of French Polynesia) c. The Conflicted Constitutional Identity of ‘Small Nations’, Hent Kalmo (University of Tartu, Estonia) 2. Citizenship and Belonging a. Persons, Belongers and Citizens in the Non-Sovereign Anglo-Caribbean, Tracy Robinson (University of the West Indies, Jamaica) b. The Caribbean Court of Justice - Constructing Constitutional Identity(ies), Se-Shauna Wheatle (Durham University, UK) c. The Constitution and Legal Pluralism in Eswatini: Bridging the Gap Between Constitutionalism and Swati Law and Custom, Sinethemba Memela (South African Human Rights Commission, South Africa) 3. Legal Culture and Pluralism a. Small-state Constitutionalism and Legal Pluralism: Logging and Mining Governance in Suriname, Ine Apapoe (Anton de Kom University of Suriname) and Janine Ubink (Leiden University, The Netherlands) b. In the Shadow of the Sheikhs: Gulf Constitutions and Challenges of Legal Authority, Salma Waheedi (Harvard University, USA) c. Small States, Legal Pluralism and Traditional Authority – A Peculiar Relationship Between English Legal Concepts and the Unwritten Cultural Executive Powers in Tonga, Mele Tupou-Vaitohi (Victoria University of Wellington, New Zealand) 4. External Influences and International Relations a. Mauritius and Constitutionalism: The Interplay of Smallness, International Relations, and Constitutional Dynamics, Tony Angelo (Victoria University of Wellington, New Zealand) and Sabir Kadel (Mauritius Law Reform Commission) b. The Fundamental Law of the Vatican City State: Exploring Hidden Treasures in the Constitution of the World’s Smallest State, Conor Casey (University of Surrey, UK) c. Small States and the Pacific Family, Petra Butler (Victoria University of Wellington, New Zealand) Part Two: State Design and Operation 5. Separation of Powers / Checks and Balances / Closeness and Contestation a. Multitasked Office in Small State Constitutions, Anna Dziedzic (International IDEA, Australia) b. European Micro-states and the Separation of Powers, Elisa Bertolini (Bocconi University, Italy) c. Bhutan: The Fourth Branch – Design, Operation and Myths, Nima Dorji (JSW School of Law, Bhutan) d. The Beginnings of Checks and Balances on the Use of Executive Power in Seychelles, Joelle Barnes (University of Cape Town, South Africa) e. Mediating Democratic Challenges in Malta, John Stanton (City, University of London, UK) 6. Divided Societies / Mediating Division a. Cyprus: A Tale of Self-fulfilling Constitutional Failure. The Limits of Constitutional Design in Conflict Resolution in a Small State, Christos Papastylianos (University of Nicosia, Cyprus)
Elisabeth Perham is Lecturer in the Faculty of Law and Justice at the University of New South Wales, Australia. Maartje De Visser is Associate Professor of Law at the Yong Pung How School of Law and College of Integrative Studies, Singapore Management University, Singapore. Rosalind Dixon is a Scientia Professor of Law at the University of New South Wales, Australia.
