This Handbook brings together contributions from leading scholars of constitutional theory, with backgrounds in law, philosophy and political science. Its sixty chapters not only offer an exceptional survey of the field but also provide a major contribution to it. The book explores three main areas. First, the values upheld by a constitution, including rights, freedom, equality, dignity and well-being. Second, the modalities of a constitutional system, such as the separation of powers, democratic representation and the rule of law. Finally, the institutions through which it operates, both legal and political, including courts, elections, parliaments and international organisations. It also considers the challenges confronting constitutional arrangements from growing inequality, populism, climate change and migration.
1. Introduction: of constitutions and constitutional theory Richard Bellamy and Jeff King; Part I. Values: 2. Dignity Jeremy Waldron; 3. Rights Rowan Cruft; 4. Equality Annabel Lever; 5. Liberty Philip Pettit; 6. Well-being Sarah Conly; 7. Self-Government Thomas Christiano; 8. Justice: procedural and substantive Rainer Forst; 9. Recognition Helder De Schutter; Part II. Modalities: 10. Impartiality Matthew Kramer; 11. Legitimacy Nomi Claire Lazar; 12. Sovereignty David Dyzenhaus; 13. Constituent power Martin Loughlin; 14. Representation Nadia Urbinati; 15. Deliberation Simone Chambers; 16. Opposition Grégoire Webber; 17. Separation of powers Jacob T. Levy; 18. Rule of Law Jeff King; 19. Constitutional conventions Jon Elster; 20. Secularism Cécile Laborde; 21. Constitutional review Christoph Möllers; 22. Constitutional interpretation Timothy Endicott; 23. Proportionality George Letsas; 24. Civil disobedience Candice Delmas; 25. Constitutional entrenchment N. W. Barber; 26. Emergency powers Karin Loevy; 27. Regulation Julia Black; 28. Cost-benefit analysis Matthew Adler; 29. Revolution Nimer Sultany; Part III. Institutions: 30. The state Anna-Bettina Kaiser; 31. The material constitution Marco Goldoni; 32. Federalism Stephen Tierney; 33. Consociationalism Joseph Lacey and Nenad Stojanović; 34. Corporatism Steven Klein; 35. Guarantor (or the so-called 'Fourth Branch') institutions Tarunabh Khaitan; 36. Central banks Jens van 't Klooster; 37. Presidentialism, Parliamentarism, and their hybrids Steffen Ganghof; 38. Prerogative Thomas Poole; 39. Administrative state Blake Emerson; 40. Executive rulemaking Susan Rose-Ackerman; 41. Constituent assemblies Joel Colón-Ríos; 42. Citizenship Elizabeth F. Cohen and Cyril Ghosh; 43. Elections Daniel Weinstock; 44. Political parties Jonathan White and Lea Ypi; 45. Legislatures Richard Ekins; 46. Referendums Silvia Suteu; 47. Citizen juries/Minipublics Cristina Lafont; 48. Constitutional courts and supreme courts Christine Landfried; 49. Judicial independence David Kosař and Samuel Spáč; 50. Bills of rights Richard Bellamy; 51. Administrative law Farrah Ahmed; 52. Horizontal effect Oliver Gerstenberg; 53. Global and national constitutionalism Carmen E. Pavel; 54. Regional integration Turkuler Isiksel; 55. International organisations Anne Peters; Part IV. Challenges for Constitutional Democracy: 56. Inequality Roberto Gargarella; 57. Populism Paul Blokker; 58. Climate change Jocelyn Stacey; 59. Migration Sarah Song; 60. Constitutional hardball Mark Tushnet.
Richard Bellamy is a Professor of Political Science at University College London (UCL), and a Fellow of the British Academy. He is the author of eleven monographs, including Political Constitutionalism: A Republican Defence of the Constitutionality of Democracy (Cambridge University Press, 2007). Jeff King is a Professor of Law at University College London (UCL), and was previously a Fellow and Tutor in Law at Balliol College, Oxford. His other works include Judging Social Rights (Cambridge University Press, 2012). from 2019 to 2021, he was Legal Adviser to the UK House of Lords Constitution Committee.
Reviews for The Cambridge Handbook of Constitutional Theory
'As democracies, and the ideal of democracy itself, are under threat, the study of constitutional theory has never seemed more important than it is now. This volume, whose list of contributors is a Who's Who of the field, is an illuminating map of a complex and rich terrain. A 'must read'.' Cécile Fabre, University of Oxford 'An outstanding collection of essays, focusing mainly on constitutionalism as a normative political theory.' Seyla Benhabib, Columbia Law School 'Having read this remarkable and innovative book, one has a better idea of what constitutional theory is and why it is helpful for everybody who deals with constitutional law in politics, judiciary or academia.' Dieter Grimm, Humboldt University Berlin, Former Justice, Federal Constitutional Court of Germany 'The collection is a theoretical tour de force. It demands a place on the bookshelves of any and all scholars interested in constitutionalism and its theoretical underpinnings.' Rosalind Dixon, University of New South Wales, Faculty of Law 'The Cambridge Handbook of Constitutional Theory is a breathtaking collection of essays on the conceptual foundations upon which our visions of self-government are formed. In an age of churn and crisis, there is no finer guide to the power and promise of modern constitutionalism.' Madhav Khosla, Columbia University
