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The Language of Comparative
Constitutional Law

The Language of Comparative Constitutional Law

Questioning Hegemonies

1. Language Matters, Erika Arban (University of Melbourne, Australia), Maartje De Visser (Singapore Management University), Jeong-In Yun (Korea University) Part I: Language Barriers and Epistemic Imbalances 2. Causes, Consequences, and Mitigation of Language Barriers in the Global Constitutional Dialogue: Insights from Japan, Masahiko Kinoshita (Kobe University, Japan) 3. Teaching Comparative Constitutional Law in English in a Non-English-Speaking Country: The Case of Italy, Francesco Biagi (University of Bologna, Italy) 4. Blind Spots, Misunderstandings, and Enlightenment: German Experiences with English as Lingua Franca of Comparative Constitutional Law, Michael Goldhammer (EBS University, Germany) 5. (Re)Inventing Constitutional Concepts, Joel I Colon-Rios (University of Essex, UK) 6. What is in a Name? The Case of the Impossible Translation of the Concept of "Forma di Stato", Graziella Romeo (Bocconi University, Italy) and Elisa Bertolini (Bocconi University, Italy) 7. How European Integration became Constitutional: The Role of American Scholars and the Transplant of American Federal Concepts, Leonardo Pierdominici (University of Bologna, Italy) Part II: Language Biases and Contextual Dilemmas 8. English Language Bias in Comparative Constitutional Law Scholarship, Odile Ammann (University of Lausanne, Switzerland) 9. The Uses of Ubuntu under the South African Constitution, Nomfundo Ramalekana (University of Cape Town, South Africa) 10. Linguistic Colonial Continuity, Modernity and National Integration in India, Vikram A Narayam (Humboldt University, Berlin) and Uday Vir Garg (Freie Universität Berlin, Germany) 11. Constitution-Building and Catch-Up Modernisation in Central Asia: From Semantic to Cognitive Dissonance, Aziz Ismatov (Aichi Prefectural University, Japan) 12. Towards a Cross-Linguistic Epistemology: Translanguaging as a Method of Comparative Constitutional Law, Konrad Lachmayer (Sigmund Freud University, Austria) 13. Untangling Buzzwords: Making Sense of the Vocabulary in the Anglosphere Literature of Constitutional Law, Ilker Gökhan Sen (University of Oslo, Norway) Part III: Legal Translation, Multilingualism and the Discursive Way 14. In Defense of Multilingualism: The Contribution of Legal Linguistics and Comparative science to the Affirmation of Multilingualism, Claudia Marchese (University of Naples, Italy) 15. The Role of English in EU's Institutional Multilingualism, Jaap Baaij (Utrecht University, the Netherlands) 16. Comparative Law in a Multilingual Constitutional Space, And its Limits: Language and Law in the European Union, Francesco Palermo (University of Verona, Italy) 17. Comparative Law, Comparative Constitutional Law, and Linguistic Sensitivity, Jaakko Husa (University of Helsinki, Finland) 18. The 'Language of the Law' and the 'Sentiment of the Language', A Cultural Challenge to Enrich Global English for Comparative Legal Studies with National Identities, Giovanna Tieghi (University of Padua, Italy) 19. Bridging Borders through Translation: Corpus Linguistics and Metaphor Analysis in Comparative Constitutional Law, Lucja Biel (University of Warsaw, Poland), Hanem El-Farahaty (University of Leeds, UK), Francesca Seracini (Catholic University of the Sacred Heart, Italy) 20. Discursive Comparative Constitutional Law, Ngoc Son Bui (University of Oxford, UK)

Hart Studies in Constitutional Theory

This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation. This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights. Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.

Volume 2: Connections and Analysis

Constitutionally Conforming Interpretation – Comparative Perspectives

This volume explores the state of representative democracy on the global stage. It does this against the backdrop of crises such as the USA Capitol attack on 6 January 2021, recent refusals to accept election results in various countries, and attempts to restrict the voting franchise, as well as longer-term trends such as the rise of populism and declining trust in political elites. The first substantive chapter examines representative democracy in theory, history and practice today. Taking the representative model as their point of departure, the subsequent chapters explore a range of themes in relation to this model. The contributions include timely reappraisals of democracy in countries, such as the UK and USA, with old, well-established democratic structures, as well as analyses of the state of democracy in regions such as Africa, Asia and South America, where democracy has had a more chequered history. Across all of its chapters, the book invites readers to rethink fundamental questions about representative democracy: Why is it valuable? How should it be organised? Do steps need to be taken to strengthen representative democracy, and if so, what are those steps? The volume's target audience - politicians, public servants and interested members of the public - are provided with arguments and evidence to form their own views at a time when the ideals and practices of representative democracy are being challenged around the world, and new ideas and initiatives to revitalise it are being debated and implemented.

The Putney Debates 2023

Democracy in Crisis?

Anthem Environment and Sustainability Initiative

This book considers the value of constitutional environmental rights in protecting water resources through an examination of the legal strategies utilized by communities engaged in protracted mining conflicts, including oil sands development in the Canadian boreal forest and gold mining in ecologically sensitive, glacier-rich areas of Argentina.

Water, Oil and Gold

The Power of Constitutional Rights in Resource Conflicts

This volume explores in detail the use of the doctrine of good faith in the common law when interpreting contracts and resolving disputes. Building on the findings of Good Faith and Relational Contracts (Hart, 2024) the book discusses the implications of relational contract theory and good faith for issues such as liquidated damages clauses, discretion to terminate a contract, contract forfeiture, employment contracts and contractual remedies. The author discusses the potential for good faith to unite a number of currently disparate contract law and equitable principles into a coherent framework, providing an opportunity to question and jettison some archaic aspects of existing doctrine that are no longer defensible. Ambitious and thoughtful, this is a significant statement on the role of good faith in private law.

Application to Specific Principles

Good Faith and Relational Contracts, Volume 2

The book examines the practice of judicial reasoning in Tort law, understood as a process of justification, consisting of both deductive and non-deductive elements, and therefore involving a significant element of choice or discretion. The book divides the elements of judicial reasoning into four conceptual categories: factual assessments, application of legislative and judge-made rules, reliance on reasonableness, and policy considerations. To discuss these elements in a comparative perspective the book uses the English and French judicial traditions of Tort law as case studies. This enables the author to present a range of methods of establishing facts, drawing inferences, using legal sources and relying on policy arguments. By closely examining selected Tort judgments from both jurisdictions, the book elucidates the phenomenon of law-making through adjudication in both a non-codified and a codified system of liability. It offers a reflection on different approaches legal systems may adopt to the importance in the process of judicial justification of such issues as certainty and truth, common sense, consistency with previous judicial decisions and policy.
The book connects the choice of approaches in judicial reasoning in Tort law with its procedural and institutional context.

English and French Traditions Compared

Judicial Reasoning in Tort Law

Code of Federal Regulations, Title 40 Protection of the Environment

A compilation of federal regulations, the Code of Federal Regulations (CFRs) are an authoritative source of government information representing broad subject areas.

Code of Federal Regulations, Title 40 Protection of the Environment 63.1-63.599, Revised as of July 1, 2025

¿This book provides a comparative perspective on the impact of the COVID-19 pandemic on different criminal law systems. To this end, the book brings together country reports from Brazil, Argentina, Spain, Portugal, Italy, Austria, Sweden, the Netherlands, Germany, Poland, France and Belgium.
All country reports address the same key issues in order to facilitate comparative conclusions. Those key issues re: criminal liability for spreading the coronavirus, criminal liability of medical staff in triage situations, criminal liability of political decision-makers, as well as further (country-specific) challenges in the context of the pandemic and criminal law. Furthermore, they explore domestic case-law and academic literature relevant in this context.This book will be useful for criminal law scholars and practitioners as well as policymakers around the world. The comparative approach of the book will provide them with a more informed and objective perception of their national systems and their respective approaches to COVID-19 and criminal law. Another key objective of this volume in the ICJ Series is to foster dialogue and an exchange of ideas between stakeholders of different nations and ultimately to enable cross-semination between different criminal law systems.Prof. Dr. Frank Zimmermann is Professor for Criminal Law and Criminal Procedure, European and International Criminal Law as well as Criminal Law and Digitalization at the Institute for Criminal Sciences, Dept. V, University of Münster in Münster, Germany.

Comparative Perspectives

Criminal Law and the Covid-19 Crisis

Great Debates in Law

This textbook introduces students to key questions and debates of advanced legal concepts and encourages deeper thought and understanding.

Great Debates in Public Law

Hart Studies in Constitutional Law

This open access book presents an all-encompassing way to understand lobbying: the 'Diversion Guide'. This shows that lobbying is problematic when institutions are diverted from acting in the public interest. It reveals why diversions happen, how they are linked together, and what can be done to prevent them. The reader can use the 'Diversion Guide' to identify any problem about lobbying, and test when an officeholder has been diverted from acting in the public interest. The book examines how lobbying can encourage citizen participation and lead to informed law and policy, but is not always fair. It considers the way in which wealthy and influential people can gain greater access to the United Kingdom's political system than most to shape the laws that govern everyone. Scandals are often reported in the media surrounding unequal access, corruption, the revolving door, and more. Unchecked, such lobbying corrodes trust in public institutions. It is vital that the problems surrounding lobbying are clearly understood to avoid a system of weak regulations and to ensure that better regulations are created to restore public trust in politics. The 'Diversion Guide' can be used to this end. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by Hamad bin Khalifa University.

An Institutional Diversion Framework

Lobbying, Democracy and Public Trust

This book is an insightful, thought-provoking study of one of the world's most important courts. There is no doubt that the European Court of Justice has had a transformative effect on EU Law, but not without controversy. 

This book explores these criticisms, asking if concerns over judicial activism, unconventional interpretative methods, conflicts with national courts and over-reach are justified. Drawing on the expertise of leading commentators in their sectors, its ambitious scope explores the question from across the spectrum of EU Law. Its analysis includes the political dimension, giving the fullest understanding of the environment in which the Court and its judgments have operated.

The European Court of Justice and its Critics

Modern Studies in European Law

This collection explores the cooperation between the European Union and the Nordic states.

It tracks its evolution from informal arrangements to highly legalised arrangements. Drawing on expert contributions, it gives a full understanding and elucidation of the impact of the interplay of these legal regimes and cultures. Each chapter takes a comparative Nordic perspective, combining it with the EU legal perspective. Drawing on both academic and practitioner perspectives, this important work offers fascinating insights into this unique relationship.

50 Years of Legal Integration

Nordic Cooperation and the European Union

Code of Federal Regulations, Title 40 Protection of the Environment 85-96, Revised as of July 1, 2025

The Language of Comparative Constitutional Law

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