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This chapter provides an overview of the emerging field of transnational constitutional law (TCL). Whilst questions of constitutional law are typically discussed in the context of a specific domestic legal setting, a salient strategy of TCL is to understand constitutional law and its values by placing them 'in context' with existing and evolving cultural norms and political, social and economic discourses and struggles. Drawing on socio-legal investigations into the relationships between law and non-law and the significance of legal pluralism, TCL considers what role constitutional law and its values might play in shaping and bringing about social and legal transformation within an emerging global economic order in which non-territorially confined spaces of struggle involve transnational actors and social formation dynamics. TCL thus emerges out of constitutional law in a transnational legal context. Based on Zumbansen's concept of Transnational Law (TL) as a methodological framework to study the Actors, Norms and Processes of legal formations in a global context, rather than positing TL as a distinct legal field, we examine transnational constitutional law phenomena in their social, political and economic contexts. This allows us to revisit and reassess well-known constitutional law concepts such as the rule of law, equality and access to justice in a new light, in particular where we confront – in this paper – legacies of these concepts in both the Global North and South. This engagement renders visible lived experiences of constitutional law and constitutionalism in local and transnational contexts, drawing attention to the growing number of those who have, through processes of globalisation, fallen out of, or were never made party to, the Western 'social contract'. We present TCL as emerging on two levels. On a macro level, studies of comparative constitutional law and post-colonial approaches to law shine light on processes of globalisation and financialization as they manifest themselves in conflictual dynamics within trade law, and international human rights law, with regard to civil, socio-economic and cultural rights. TCL also emerges on a micro level through careful ethnographic and anthropological studies that examine different forms of what Saskia Sassen persuasively coined "Expulsions", meaning struggles and resistance against different forms of expropriation, eviction or alienation, within volatile economic and political landscapes. Finally, our transnational critique of the 'rule of law' reflects our hope for a 'thick' and historically reflective RoL concept. In

A major international textbook on EU constitutional law, this book covers the structure, values, procedures, and policies of the EU. It deals with institutional issues, but also with substantive issues of major importance, including citizenship, free movement, fundamental rights, and the EU as an external actor.

"This edition remains true to the structure and purposes of previous editions, especially with regard to the editors' commitment to the idea that understanding constitutional history is critical to comprehending the present ad future of Canadian constitutional law."--

Proportionality has been used as an analytical method in the constitutional jurisprudence of courts around the world, including in Australia. The method has not, however, been free from controversy. Since its first introduction into Australian constitutional law, there have been debates regarding the appropriateness of proportionality testing in this context.To date, these debates have been lacking in one important respect: they have not been sufficiently grounded in theory. In times when the global literature on the subject was relatively nascent and applications in comparative constitutional contexts sparse, the under-theorisation of Australian proportionality was understandable. This is no longer the case. The burgeoning international literature and jurisprudence in this field has in recent years generated a rich body of judicial and academic thought from which to elicit a properly theorised consideration of proportionality. Drawing on these resources, this thesis proposes a theoretical framework for proportionality. It uses this framework to explore a key question in the Australian context: when is proportionality an appropriate analytical tool in constitutional jurisprudence? In examining this question, the thesis considers the primary concerns regarding the appropriateness of proportionality in Australian constitutional law and how these might be addressed. It also makes principled suggestions for the development of Australian doctrine.

Zusammenfassung: La 4ème de couv. indique :"Derived from the renowned multi-volume 'International Encyclopaedia of Laws', this very useful analysis of constitutional law in Germany provides essential information on the country's sources of constitutional law, its form of government, and its administrative structure. Lawyers who handle transnational matters will appreciate the clarifications of particular terminology and its application. Throughout the book, the treatment emphasizes the specific points at which constitutional law affects the interpretation of legal rules and procedure.00Thorough coverage by a local expert fully describes the political system, the historical background, the role of treaties, legislation, jurisprudence, and administrative regulations. The discussion of the form and structure of government outlines its legal status, the jurisdiction and workings of the central state organs, the subdivisions of the state, its decentralized authorities, and concepts of citizenship. Special issues include the legal position of aliens, foreign relations, taxing and spending powers, emergency laws, the power of the military, and the constitutional relationship between church and state. Details are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. Its succinct yet scholarly nature, as well as the pratical quality of the information it provides, make this book a valuable time-saving tool for both practising and academic jurists. Lawyers representing parties with interests in Germany will welcome this guide, and academics and researchers will appreciate its value in the study of comparative constitutional law."

Recommended readings (Machine generated): 1. Jean Cohen(1999),'Changing Paradigms of Citizenship and the Exclusiveness of the Demos', International Sociology 14:245-268 2. Ulrich K. Preuss (1992-1993), 'Constitutional Powermaking for the New Polity: Some Deliberations on the Relations between Constituent Power and the Constitution', Cardozo Law Review 14, 639-660 -- 3. Jürgen Habermas (1998), 'The European Nation-State: On the Past and Future of Sovereignty and Citizenship', Public Culture 10, 397-416 -- 4. James Tully (2008), 'Two Meanings of Global Citizenship: Modern and Diverse', In: Michael A. Peters, Harry Blee & Alan Britton (eds.), Global Citizenship Education: Philosophy, Theory and Pedagogy, Rotterdam: Sense Publication, 15-39 -- 5. David Abraham (2008), 'Constitutional Patriotism,Citizenship, and Belonging', International Journal of Constitutional Law 6, 137-152 -- 6. Cécile Laborde (2002), 'From Constitutional to Civic Patriotism', British Journal of Political Science, 32, 591-612 -- 7. Martha Nussbaum (2008), 'Toward a Globally Sensitive Patriotism', Dædalus, 137, 78-93 -- 8. Peter Spiro (2011), 'A New International Law of Citizenship', American Journal of International Law, 105, 694-746 -- 9. Patrick Weil (2011), 'From Conditional to Secured and Sovereign: The New Strategic Link Between the Citizen and the Nation-state in a Globalized World', International Journal of Constitutional Law, 9, 615-635 -- 10. Rainer Bauböck (2010), 'Studying Citizenship Constellations', Journal of Ethnic and Migration Studies, 36, 847-859 -- 11. Szabolcs Pogonyi (2011), 'Dual Citizenship and Sovereignty', Nationalities Papers: The Journal of Nationalism and Ethnicity, 39 685-704 -- 12. Costica Dumbrava (2014), 'External Citizenship in EU Countries,' Ethnic and Racial Studies, 37, 2340-2360 -- 13. Ayelet Shachar and Ran Hirschl (2007), 'Citizenship as Inherited Property', Political Theory, 35, 253-287 -- 14. Linda Bosniak (2010), 'Persons and Citizens in Constitutional Thought', International Journal of Constitutional Law 8, 9-29 -- 15. Michelle Everson (2003), ''Subjects', or 'Citizens of Erewhon'? Law and Non-Law in the Development of a 'British Citizenship'', Citizenship Studies 7, 57-83 -- 16. Iseult Honohan (2010), 'Citizenship Attribution in a New Country of Immigration: Ireland', Journal of Ethnic and Migration Studies, 36, 811-827 -- 17. Enikȭ Horváth and Ruth Rubio-Marín (2010), '"Alles oder Nichts"? The Outer Boundaries of the German Citizenship Debate', International Journal of Constitutional Law 8, 72-93 -- 18. Igor Štiks (2010), 'The Citizenship Conundrum in Post-Communist Europe: The Instructive Case of Croatia', Europe-Asia Studies, 62, 1621-1638 -- 19. Daphne Barak-Erez (2008), 'Israel: Citizenship and Immigration Law in the Vise of Security, Nationality, and Human Rights' , International Journal of Constitutional Law, 6, 184-192 -- 20. Melissa Williams (2007), 'Non-territorial Boundaries of Citizenship', In: Seyla Benhabib, Ian Shapiro and Danilo Petranovich (eds.), Identities, Allegiances, Affiliations, Cambridge: Cambridge University Press, 226-256