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2 - The State of the Field

from I - Introduction to the Field

Published online by Cambridge University Press:  17 February 2022

By
Tom Ginsburg
Edited by
David S. Law
David S. Law
Affiliation:
University of Virginia
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Summary

Comparative constitutional law has experienced a resurgence in recent decades. Whereas two decades ago the field was focused on the North Atlantic and the issue of rights adjudication, there now exists a vibrant literature on many different jurisdictions and issues, covering a wide field of global constitutional arrangements. This chapter will review the history and rapid progress of the field of Constitutionalism in Context. The most encouraging and visible manifestations of this progress include a shift away from Eurocentrism and the traditional focus on apex courts. It will also identify lacunae in the existing literature and questions that would benefit from further exploration. This essay will conclude by proposing a next-generation research agenda for the field.

Keywords

Constitutional CourtsConstitutionalismComparative Constitutional LawConstitutional DesignConstitutional ChangePublic Law MethodologyInterdisciplinary InquiryInstitutionalismConstitutional FormationPopulismDemocratic BackslidingEncyclopedic turn
Type
Chapter
Information
Constitutionalism in Context , pp. 23 - 40
Publisher: Cambridge University Press
Print publication year: 2022

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References

10 Suggested Readings

Galligan, Denis J. and Versteeg, Mila (eds.), The Social and Political Foundations of Constitutions (Cambridge University Press, 2013).Google Scholar
Hirschl, Ran, Comparative Matters: The Renaissance of Comparative Constitutional Law (Oxford University Press, 2014).Google Scholar
Issacharoff, Samuel, Fragile Democracies: Contested Power in the Era of Constitutional Courts (Cambridge University Press, 2015).CrossRefGoogle Scholar
Law, David S. and Langford, Malcolm (eds.), Research Methods in Constitutional Law: A Handbook (Edward Elgar, forthcoming).Google Scholar

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