The Concept of Human Dignity in Human Rights Discourse

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Author :
Publisher : BRILL
ISBN 13 : 9004478191
Total Pages : 323 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Concept of Human Dignity in Human Rights Discourse by : David Kretzmer

Download or read book The Concept of Human Dignity in Human Rights Discourse written by David Kretzmer and published by BRILL. This book was released on 2021-08-04 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: The notion of human dignity plays a central role in human rights discourse. According to the Universal Declaration of Human Rights recognition of the inherent dignity and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world. The international Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights state that all human rights derive from inherent dignity of the human person. Some modern constitutions include human dignity as a fundamental non-derogable right; others mention it as a right to be protected alongside other rights. It is not only lawyers concerned with human rights who have to contend with the concept of human dignity. The concept has been discussed by, inter alia, theologians, philosophers, and anthropologists. In this book leading scholars in constitutional and international law, human rights, theology, philosophy, history and classics, from various countries, discuss the concept of human dignity from differing perspectives. These perspectives help to elucidate the meaning of the concept in human rights discourse.

The Hebrew Republic

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Publisher : HarperCollins
ISBN 13 : 0547540205
Total Pages : 301 pages
Book Rating : 4.5/5 (475 download)

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Book Synopsis The Hebrew Republic by : Bernard Avishai

Download or read book The Hebrew Republic written by Bernard Avishai and published by HarperCollins. This book was released on 2013-11-05 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Political economist Bernard Avishai has been writing and thinking about Israel since moving there to volunteer during the 1967 War. now he synthesizes his years of study and searching into a short, urgent polemic that posits that the country must become a more complete democracy if it has any chance for a peaceful future. He explores the connection between Israel’s democratic crisis and the problems besetting the nation—the expansion of settlements, the alienation of Israeli Arabs, and the exploding ultraorthodox population. He also makes an intriguing case for Israel’s new global enterprises to change the country’s future for the better. With every year, peace in Israel seems to recede further into the distance, while Israeli arts and businesses advance. This contradiction cannot endure much longer. But in cutting through the inflammatory arguments of partisans on all sides, Avishai offers something even more enticing than pragmatic solutions—he offers hope.

The New Commonwealth Model of Constitutionalism

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Publisher : Cambridge University Press
ISBN 13 : 1107009286
Total Pages : 275 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The New Commonwealth Model of Constitutionalism by : Stephen Gardbaum

Download or read book The New Commonwealth Model of Constitutionalism written by Stephen Gardbaum and published by Cambridge University Press. This book was released on 2013-01-03 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stephen Gardbaum proposes and examines a new way of protecting rights in a democracy.

Jewish Law (Mishpat Ivri)

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Author :
Publisher : LexisNexis/Matthew Bender
ISBN 13 : 9780820540931
Total Pages : 0 pages
Book Rating : 4.5/5 (49 download)

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Book Synopsis Jewish Law (Mishpat Ivri) by : Menachem Elon

Download or read book Jewish Law (Mishpat Ivri) written by Menachem Elon and published by LexisNexis/Matthew Bender. This book was released on 1999 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first and only casebook on the subject in English, Jewish Law provides insight into a legal system with a long and rich tradition, addressing issues that are relevant today in American law. Its primary focus is on the legal aspects of Jewish law, with emphasis on its historical development. The quoted materials originate from a wide variety of sources, from the Torah and rabbinic responsa, to modern authorities and court opinions written by Justice Elon while serving as a Justice and Deputy President of the Supreme Court of Israel. Jewish Law encompasses a broad spectrum of subjects, and in sufficient depth that professors can adapt the materials to their individual teaching methods. By combining jurisprudence, comparative law, and practical law in one clear and concise text, this casebook provides background and perspective for students as well as practitioners. It contrasts the treatment of various topics in Jewish law with the approaches taken by other legal systems, such as American, English, and modern Israeli, thereby offering new insights. The translations from Hebrew to English preserve the original flavor of the Hebrew text. Justice Elon is a legendary figure in Jewish law. He founded and headed the Institute for Research in Jewish Law at the Hebrew University. He was consulted by the Israeli legislature regarding Jewish law issues during the codification of Israeli Civil Law and served as a member of legislative committees. His three-volume treatise, Jewish Law: Ha-Mishpat Ha-Ivri, has become a classic work on the subject in Israel. As a law professor for over 30 years and an ordained rabbi, Justice Elon brings his teaching expertise to this text. His co-authors are also noted and distinguished legal scholars and practitioners, and were the translators of Justice Elon's treatise, Jewish Law (Ha-Mishpat Ha-Ivri), into English.

The Inherence of Human Dignity

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Author :
Publisher : Anthem Press
ISBN 13 : 1785276506
Total Pages : 365 pages
Book Rating : 4.7/5 (852 download)

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Book Synopsis The Inherence of Human Dignity by : Angus J. L. Menuge

Download or read book The Inherence of Human Dignity written by Angus J. L. Menuge and published by Anthem Press. This book was released on 2021-02-15 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focused at the theoretical level, this volume seeks to clarify our understanding of various historical and contemporary concepts of human dignity. It examines the various meanings of the term ‘dignity’ before looking at the philosophical sources of dignity and both religious and secular attempts to provide a grounding for the notion. It also compares the merits and defects of older and newer concepts of dignity, including extensions of dignity to groups, animals, and machines.

The Purse and the Sword

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Publisher : Oxford University Press
ISBN 13 : 0190278501
Total Pages : 417 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis The Purse and the Sword by : Daniel Friedmann

Download or read book The Purse and the Sword written by Daniel Friedmann and published by Oxford University Press. This book was released on 2016 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Purse and the Sword presents a critical analysis of Israel's legal system in the context of its politics, history, and the forces that shape its society. This book examines the extensive powers that Israel's Supreme Court arrogated to itself since the 1980s and traces the history of the transformation of its legal system and the shifts in the balance of power between the branches of government. Centrally, this shift has put unprecedented power in the hands of both the Court and Israel's attorney general and state prosecution at the expense of Israel's cabinet, constituting its executive branch, and the Knesset--its parliament. The expansion of judicial power followed the weakening of the political leadership in the wake of the Yom Kippur war of 1973, and the election results in the following years. These developments are detailed in the context of major issues faced by modern Israel, including the war against terror, the conflict with the Palestinians, the Arab minority, settlements in the West Bank, state and religion, immigration, military service, censorship and freedom of expression, appointments to the government and to public office, and government policies. The aggrandizement of power by the legal system led to a backlash against the Supreme Court in the early part of the current century, and to the partial rebalancing of power towards the political branches.

Constitutional Revolution

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Publisher : Yale University Press
ISBN 13 : 0300231024
Total Pages : 382 pages
Book Rating : 4.3/5 (2 download)

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Book Synopsis Constitutional Revolution by : Gary Jeffrey Jacobsohn

Download or read book Constitutional Revolution written by Gary Jeffrey Jacobsohn and published by Yale University Press. This book was released on 2020-05-19 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a "constitutional moment" may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an extended period. The "moment" may have been under way for decades--or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change.

Handbook of Human Dignity in Europe

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Author :
Publisher : Springer
ISBN 13 : 9783319280813
Total Pages : 0 pages
Book Rating : 4.2/5 (88 download)

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Book Synopsis Handbook of Human Dignity in Europe by : Paolo Becchi

Download or read book Handbook of Human Dignity in Europe written by Paolo Becchi and published by Springer. This book was released on 2019-05-08 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook provides a systematic overview of the legal concept and the meaning of human dignity for each European state and the European Union. For each of these 43 countries and the EU, it scrutinizes three main aspects: the constitution, legislation, and application of law (court rulings). The book addresses and presents answers to important questions relating to the concept of human dignity. These questions include the following: What is the meaning of human dignity? What is the legal status of the respective human dignity norms? Are human dignity norms of a programmatic nature, or do they establish an individual right which can be invoked before court? Is human dignity inviolable? The volume answers these questions from the perspectives of all European countries. As a reaction to the barbaric events during World War II, human dignity (dignitas) found its way into international law. Article 1 of the Universal Declaration of Human Rights (UDHR) states that “[a]ll human beings are born free and equal in dignity and rights.” The starting point for developing the concept on a national level was the codification of human dignity in article 1, paragraph 1 of the German Grundgesetz. Consequently, the concept of human dignity spread throughout Europe and, in the context of human rights, became a fundamental legal concept.

Protecting the right to freedom of expression under the European Convention on Human Rights

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Author :
Publisher : Council of Europe
ISBN 13 :
Total Pages : 124 pages
Book Rating : 4./5 ( download)

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Book Synopsis Protecting the right to freedom of expression under the European Convention on Human Rights by : Bychawska-Siniarska, Dominika

Download or read book Protecting the right to freedom of expression under the European Convention on Human Rights written by Bychawska-Siniarska, Dominika and published by Council of Europe. This book was released on 2017-08-04 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: European Convention on Human Rights – Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. 2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. In the context of an effective democracy and respect for human rights mentioned in the Preamble to the European Convention on Human Rights, freedom of expression is not only important in its own right, but it also plays a central part in the protection of other rights under the Convention. Without a broad guarantee of the right to freedom of expression protected by independent and impartial courts, there is no free country, there is no democracy. This general proposition is undeniable. This handbook is a practical tool for legal professionals from Council of Europe member states who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work.

The German Constitution

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Author :
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The German Constitution by : Germany

Download or read book The German Constitution written by Germany and published by . This book was released on 1919 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Human Dignity, Human Rights, and Social Justice

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Publisher : Springer Nature
ISBN 13 : 9811550816
Total Pages : 229 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis Human Dignity, Human Rights, and Social Justice by : Zhibin Xie

Download or read book Human Dignity, Human Rights, and Social Justice written by Zhibin Xie and published by Springer Nature. This book was released on 2020-06-25 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores human dignity, human rights and social justice based on a Chinese interdisciplinary dialogue and global perspectives. In the Chinese and other global contexts today, social justice has been a significant topic among many disciplines and we believe it is an appropriate topic for philosophers, theologians, legal scholars, and social scientists to sit together, discuss, enrich each other, and then deepen our understanding of the topic. Many of them are concerned with the conjuncture between social justice, human rights, and human dignity. The questions this volume asks are: what’s the place of human rights in social justice? How is human dignity important in the discourse on human rights? And, through these inquiries, we ask further: how is possible to achieve humanist justice? This volume presents the significance, challenges, and constraints of human dignity in human rights and social justice and addresses the questions through philosophical, theological, sociological, political, and legal perspectives and these are placed in dialogue between the Chinese and other global settings. We are concerned with the norms regarding human dignity, human rights and social justice while we take seriously into account their practice. This volume consists of two main sections. The first section examines Chinese perspectives on human rights and social justice, in which both from Confucianism and Christianity are considered and the issues such as patriotism, religious freedom, petition, social protest, the rights of marginalized people, and sexual violence are studied. The second section presents the perspectives of Christian public theologians in the global contexts. They examine the influence of Christian thought and practice in the issues of human rights and social justice descriptively and prescriptively and address issues such as religious laws and rights, diaconia, majoritarianism, general equality, social-economic disparities, and climate justice from global perspectives including in the contexts of America, Australia, Israel and Europe. With contributions by experts from mainland China, Hong Kong, South Korea, Australia, New Zealand, the UK, USA and Norway, the book provides valuable cross-cultural and interdisciplinary insights and perspectives. As such it will appeal to political and religious leaders and practitioners, particularly those working in socially engaged religious and civil organizations in various geopolitical contexts, including the Korean Peninsula and Japan.

Israel's Higher Law

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Publisher : Lexington Books
ISBN 13 : 9780739114858
Total Pages : 338 pages
Book Rating : 4.1/5 (148 download)

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Book Synopsis Israel's Higher Law by : Steven V. Mazie

Download or read book Israel's Higher Law written by Steven V. Mazie and published by Lexington Books. This book was released on 2006 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Israel's Higher Law, Steven V. Mazie sheds new light on the relationship between liberalism and religion through a detailed assessment of the Jewish state. Drawing on in-depth interviews with Israeli citizens, this compelling work scrutinizes the ways in which Israelis conceptualize and debate their polity's religion-state arrangement.

The Human Right to Water and its Application in the Occupied Palestinian Territories

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1136804315
Total Pages : 236 pages
Book Rating : 4.1/5 (368 download)

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Book Synopsis The Human Right to Water and its Application in the Occupied Palestinian Territories by : Amanda Cahill Ripley

Download or read book The Human Right to Water and its Application in the Occupied Palestinian Territories written by Amanda Cahill Ripley and published by Taylor & Francis. This book was released on 2011-04-11 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Human Right to Water and Its Application in the Occupied Palestinian Territories provides an overview and examination of the human right to water as determined under international human rights law. This is a highly topical issue, with the UN General Assembly having passed a resolution which declares access to clean water and sanitation a human right (New York, Jul 28 2010), the recent appointment of the UN Independent Expert on the issue of human rights obligations related to access to safe drinking water and sanitation, and movement within the NGO community for an international water treaty. Amanda Cahill Ripley analyses the current legal status, substantive content, and obligations correlative to the right, and examines the relationship between other economic, social and cultural rights related to the right to water. The book goes on to look more specifically at the application of the human right to water in the Occupied Palestinian Territories. Using innovative methodology, Cahill Ripley combines legal analysis with a qualitative social science empirical case study to explore the enjoyment of the right ‘on the ground’. The wider implications of the case study findings are then considered, looking at what can be done to strengthen the right legally in terms of its status and codification, and what remedy can be found for violations of the right, both specifically in the Occupied Palestinian Territories and in a more general context. The book will be of interest to students, academics and practitioners within the fields of international human rights law and international humanitarian law, as well as those concerned with international relations and conflict resolution within Israel/Palestine and the wider Middle East region.

Human Dignity in Bioethics and Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318355
Total Pages : 217 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Human Dignity in Bioethics and Law by : Charles Foster

Download or read book Human Dignity in Bioethics and Law written by Charles Foster and published by Bloomsbury Publishing. This book was released on 2011-09-01 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dignity is often denounced as hopelessly amorphous or incurably theological: as feel-good philosophical window-dressing, or as the name given to whatever principles give you the answer that you think is right. This is wrong, says Charles Foster: dignity is not only an essential principle in bioethics and law; it is really the only principle. In this ambitious, paradigm-shattering but highly readable book, he argues that dignity is the only sustainable Theory of Everything in bioethics. For most problems in contemporary bioethics, existing principles such as autonomy, beneficence, non-maleficence, justice and professional probity can do a reasonably workmanlike job if they are all allowed to contribute appropriately. But these are second order principles, each of which traces its origins back to dignity. And when one gets to the frontiers of bioethics (such as human enhancement), dignity is the only conceivable language with which to describe and analyse the strange conceptual creatures found there. Drawing on clinical, anthropological, philosophical and legal insights, Foster provides a new lexicon and grammar of that language which is essential reading for anyone wanting to travel in the outlandish territories of bioethics, and strongly recommended for anyone wanting to travel comfortably anywhere in bioethics or medical law.

Proportionality in Action

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Publisher : Cambridge University Press
ISBN 13 : 1108497586
Total Pages : 689 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Proportionality in Action by : Mordechai Kremnitzer

Download or read book Proportionality in Action written by Mordechai Kremnitzer and published by Cambridge University Press. This book was released on 2020-04-30 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.

Citizen Strangers

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Publisher : Stanford University Press
ISBN 13 : 0804788022
Total Pages : 351 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Citizen Strangers by : Shira Robinson

Download or read book Citizen Strangers written by Shira Robinson and published by Stanford University Press. This book was released on 2013-10-09 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: “A remarkable book . . . a detailed panorama of the many ways in which the Israeli state limited the rights of its Palestinian subjects.” —Orit Bashkin, H-Net Reviews Following the 1948 war and the creation of the state of Israel, Palestinian Arabs comprised just fifteen percent of the population but held a much larger portion of its territory. Offered immediate suffrage rights and, in time, citizenship status, they nonetheless found their movement, employment, and civil rights restricted by a draconian military government put in place to facilitate the colonization of their lands. Citizen Strangers traces how Jewish leaders struggled to advance their historic settler project while forced by new international human rights norms to share political power with the very people they sought to uproot. For the next two decades Palestinians held a paradoxical status in Israel, as citizens of a formally liberal state and subjects of a colonial regime. Neither the state campaign to reduce the size of the Palestinian population nor the formulation of citizenship as a tool of collective exclusion could resolve the government’s fundamental dilemma: how to bind indigenous Arab voters to the state while denying them access to its resources. More confounding was the tension between the opposing aspirations of Palestinian political activists. Was it the end of Jewish privilege they were after, or national independence along with the rest of their compatriots in exile? As Shira Robinson shows, these tensions in the state’s foundation—between privilege and equality, separatism and inclusion—continue to haunt Israeli society today. “An extremely important, highly scholarly work on the conflict between Zionism and the Palestinians.” —G. E. Perry, Choice

How Constitutions Change

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 184731788X
Total Pages : 550 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis How Constitutions Change by : Dawn Oliver

Download or read book How Constitutions Change written by Dawn Oliver and published by Bloomsbury Publishing. This book was released on 2011-08-09 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: This set of essays explores how constitutions change and are changed in a number of countries, and how the 'constitution' of the EU changes and is changed. For a range of reasons, including internal and external pressures, the constitutional arrangements in many countries are changing. Constitutional change may be formal, involving amendments to the texts of Constitutions or the passage of legislation of a clearly constitutional kind, or informal and organic, as where court decisions affect the operation of the system of government, or where new administrative and other arrangements (eg agencification) affect or articulate or alter the operation of the constitution of the country, without the need to resort to formal change. The countries in this study include, from the EU, a common law country, a Nordic one, a former communist state, several civil law systems, parliamentary systems and a hybrid one (France). Chapters on non EU countries include two on developing countries (India and South Africa), two on common law countries without entrenched written constitutions (Israel and New Zealand), a presidential system (the USA) and three federal ones (Switzerland, the USA and Canada). In the last two chapters the editors conduct a detailed comparative analysis of the jurisdiction-based chapters and explore the question whether any overarching theory or theories about constitutional change in liberal democracies emerge from the study.