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Democratic Crisis and Global Constitutional Law explains the current weakness of democratic polities by examining antinomies in constitutional democracy and its theoretical foundations. This book argues that democracy is usually analysed in a theoretical lens that is not adequately sensitive to its historical origins. The author proposes a new sociological framework for understanding democracy and its constitutional preconditions, stressing the linkage between classical patterns of democratic citizenship and military processes and arguing that democratic stability at the national level relies on the formation of robust normative systems at the international level. On this basis, he argues that democracy is frequently exposed to crisis because the normative terms in which it is promoted and justified tend to simplify its nature. These terms create a legitimising space in which anti-democratic movements, typically with a populist emphasis, can take shape and flourish.

Abstract:The article addresses the question of how to study global constitutional law by suggesting a material methodology. Drawing from previous studies of the notion of the material constitution, both from materialist and institutionalist types (Marx, Mortati, Poulantzas), the article proposes to look at the development of global constitutional law, in its many instantiations, in terms of its relation with the state. Accounts of the autonomy of global constitutional law are requalified in terms of relative autonomy. More specifically, global constitutional law is conceived as a legal construction functional to the transformation of the contemporary state. From the perspective of the material study of constitutional law, the state is still deemed to be the main unit of analysis, but, at the same time, state-centred accounts based on an exceptionalist understanding of sovereignty are rejected as reductive and, at times, inaccurate.

An ideal supplement for professors who wish to incorporate comparative law into their constitutional law courses, Global Perspectives on Constitutional Law introduces students to the various ways that nations other than the United States resolve contemporary constitutional questions. Covering both structural issues and individual rights, the book offers a wide but select range of readings on interesting constitutional issues in sixteen accessible chapters. Each brief chapter presents foreign case materials on a particular constitutional topic along with notes and questions that further illuminate the comparisons between U.S. constitutional law and that of other nations.

Abstract and concrete review (Michael C. Dorf) -- Judicial independence (Judith Resnik) -- Federal powers and the principle of subsidiary (Daniel Halberstam) -- Separation of powers and parliamentarian government (Laurence P. Claus) -- Property rights (Gregory S. Alexander) -- Abortion rights (Radhika Rao) -- Review of laws having racially disparate impacts (Adrien Katherine Wing) -- Affirmative action and benign discrimination (Ashutosh Bhagwat) -- Discrimination on the basis of sexual orientation (Nan D. Hunter) -- Review of laws having a disparate impact based on gender (Vicki C. Jackson) -- Free speech and the incitement of violence or unlawful behavior : statutes directed at speech (Stephen G. Gey) -- Free speech and the incitement of violence or unlawful behavior : statutes not specifically directed at speech (Stephen G. Gey) -- Regulation of hate speech (Michel Rosenfeld) -- Regulation of campaign finance (Richard L. Hasen) -- Religious freedom (Alan E. Brownstein) -- State action doctrine (Frank I. Michelman)

Although the Global South represents 'most of the world' in terms of constitutions and population, it is underrepresented in comparative constitutional discourse. This text fills the gap in this scholarship by tackling the most important aspects of comparative law from the Southern perspective.