Judicial activism is a conceptually fuzzy, but for that reason, rhetorically powerful term. No one has ever defined it in a way that has enjoyed widespread support. Deployed as a descriptive term for a judicial decision or a series of judicial decisions it is meaningless without further...

The doctrine of proportionality has received sustained attention from comparative constitutional scholars. Yet it is an area where courts, and scholars, have made limited use of empirical or inter-disciplinary approaches to constitutional comparison. The article calls for a change in this...

Constitutions worldwide protect an increasingly long list of rights. Constitutional scholars point to a variety of top-down and bottom-up explanations for this pattern of rights expansion. This Article, however, identifies an additional, underexplored dynamic underpinning this pattern in certain...

Constitution-makers often leave key issues undecided, or choose to defer certain issues for future resolution. This chapter examines this practice of constitutional ‘deferral', and its different variants in constitution-making processes worldwide – including in the form of abstract (rather...

The decision of the South African Constitutional Court in South Africa v. Grootboom is one of the most important examples of the judicial enforcement of socioeconomic rights known to comparative constitutional lawyers. South African scholars generally agree that the approach taken by the South...

Recent Commonwealth rights charters, various scholars have argued, represent a new “weaker” model of constitutional rights protection than the U.S. constitutional model: unlike the U.S. Bill of Rights, they give legislatures broad formal power to override rights, and therefore also court...

"'From Free to Fair Markets' proposes a new vision of liberalism coming out of the COVID-19 pandemic. An accessible articulation of a new economic path for liberal societies, this book addresses problems of economic disadvantage, stagnation, inequality, and climate change, and simultaneously...

The latter part of the twentieth century saw the near-universal recognition of the idea of children’s rights as human rights. At the same time, the conceptual basis for such rights remains largely under-theorized. Part of the aim of this article is to draw on the insights of the...