Hart Publishing Textbook Catalogue 2019

Published in the series Australia, Cheryl Saunders Belgium , Patricia Popelier and Koen Lemmens Brazil , Virgílio Afonso da Silva Canada, Jeremy Webber China, Qianfan Zhang Finland, Jaakko Husa France, S ophie Boyron Germany, Werner Heun Independent Central Asian States , Scott Newton India , Arun K Thiruvengadam Indonesia, Simon Butt and Tim Lindsey Ireland , Oran Doyle Israel, Suzie Navot Japan, Shigenori Matsui Malaysia, Andrew Harding Mexico, José María Serna de la Garza Myanmar , Melissa Crouch Pakistan , Sadaf Aziz Romania , Bianca Selejan-Gutan Singapore , Kevin YL Tan South Africa, Heinz Klug Spain, V ictor Ferreres Comella Taiwan , J iunn-rong Yeh Thailand, Andrew Harding and Peter Leyland The Commonwealth Carribbean , Derek O’Brien The Republic of Austria , Manfred Stelzer The Russian Federation, Jane Henderson The United Kingdom 3rd Ed , Peter Leyland The United States of America, 2nd Ed , Mark Tushnet Vietnam, M ark Sidel Forthcoming in the series Poland, Miroslaw Granat, Katarzyna Granat The Constitution of Brazil A Contextual Analysis Virgílio Afonso da Silva This book offers an original and comprehensive analysis of Brazilian constitutional law and shows how the 1988 Constitution has been a cornerstone in Brazil’s struggle to achieve institutional stability and promote the enforcement of fundamental rights. In the realm of rights, although much has been done to decrease the gap between constitutional text and constitutional practice, several types of inequalities still affect and sometimes impair the enforcement of the ambitious bill of rights laid down by the Brazilian Constitution. In addition to chapters on organisation of powers, fundamental rights, federalism, and the legislative process, the book also presents an overview of Brazilian constitutionalism with a special focus on the transition from authoritarianism to democracy, which led to the enactment of the 1988 Constitution. In the conclusion, the author argues that part of the Constitution’s transformative potential remains to be realised. Enforcing the Constitution, not changing it, has been the real challenge in the last three decades and will continue to be for many years to come. Virgílio Afonso da Silva is Professor of Constitutional Law and Director of the research cluster Constitution, Politics & Institutions at the University of São Paulo. May 2019 9781849465359 296pp Hbk RSP: £65 CONSTITUTIONAL SYSTEMS OF THEWORLD SERIES Series General Editors: Peter Leyland, Andrew Harding, Benjamin L Berger, Rosalind Dixon and Heinz Klug “This superb series provides sophisticated and up-to-date introductions to the major constitutional systems of the world, accurately and clearly describing not only the current constitutional rules and structures, but also (and equally importantly) setting them in their historical and cultural context...There is no other series of guides quite like it, and several of the volumes now form the core of the course in comparative constitutional law at the University of Pennsylvania, where they have been warmly embraced by the students.” Prof William B Ewald, University of Pennsylvania Law School The Constitution of Ireland A Contextual Analysis Oran Doyle This book provides a contextual analysis of constitutional governance in Ireland. It presents the 1937 Constitution as a seminal moment in an ongoing constitutional evolution, rather than a foundational event. The book demonstrates how the Irish constitutional order revolves around a bipartite separation of powers. The book begins with an overview of Irish constitutional history leading to the enactment of the 1937 Constitution, before exploring the foundational decisions made by the Constitution in relation to territory, people and citizenship. Particular attention is paid to the constitutional relationship with Northern Ireland, currently unsettled by the decision of the United Kingdom to leave the European Union. The book details the key institutions of state (Government, Parliament, President and courts), before analysing how different constitutional actors exercise their respective powers of governance, contestation and oversight. Oran Doyle is Associate Professor of Law at Trinity College Dublin. Nov 2018 9781509903436 256pp Pbk RSP: £19.99 The Constitution of Myanmar A Contextual Analysis Melissa Crouch This timely and accessible book is the first to provide a thorough analysis of the 2008 Constitution of Myanmar (Burma) in its historical, political and social context. The book offers an in-depth exploration of the key elements of the 2008 Constitution in theory and practice. The book demonstrates how the history of constitution-making in Myanmar informs our understanding of the 2008 Constitution and indicates the credibility gap raised by the past process of constitution-making. Melissa Crouch is Associate Professor in Law at the University of New South Wales. Aug 2019 9781509927357 248pp Hbk RSP: £60 6