Comparative Constitutional History

Francesco Biagi is Senior Assistant Professor of Comparative Public Law at the University of Bologna Department of Legal Studies. His latest publications include: European Constitutional Courts and Transitions to Democracy (Cambridge University Press 2020); “Constitution Drafting After the Arab Spring: A Comparative Overview”, 29 Indiana Journal of Global Legal Studies 1 (2022). Justin O. Frosini is Associate Professor of Comparative Public Law at the Bocconi University in Milan and Adjunct Professor of Constitutional Law at Johns Hopkins University. He earned his law degree and his doctorate from the University of Bologna. His latest book is Dalla Sovranità del Parlamento alla Sovranità del Popolo. La rivoluzione costituzionale provocata dalla Brexit (Wolters Kluwer-Cedam, 2020).Jason Mazzone is the Albert E. Jenner, Jr. Professor of Law at the University of Illinois at Urbana-Champaign where he also serves as Director of the Program in Constitutional Theory, History and Law. He earned undergraduate and law degrees from Harvard University and his doctorate from Yale University.

• AcknowledgmentsList of TablesNotes on ContributorsIntroductionFrancesco Biagi, Justin O. Frosini and Jason MazzonePart 1Framing the Problem1 History Limit or License in Constitutional Adjudication?Mark D. Rosen2 When History Requires the Use of History in Constitutional AdjudicationJorge M. Farinacci-Fernós3 Memory as Mantle Evil Pasts and Judges’ Power in Germany and South AfricaJustin CollingsPart 2Historical Precedents and Inter-constitutional Interpretation4 Comparing Constitutional Historicities The Case of Precedents in Canada and the United StatesJean-Christophe Bédard-Rubin5 Inter-constitutional Interpretation A Case Study of the Articles of ConfederationCem TecimerPart 3A Matter of Narratives6 Janus’ Third Face? The Spanish Constitutional Court at the Crossroads of HistoryÁngel Aday Jiménez Alemán7 Competing Narratives The Use of Historical Arguments in Constitutional Interpretation in BrazilAna Beatriz Robalinho8 Manipulating Constitutional, Legislative and Judicial History Incremental Judicial Activism in the Japanese Supreme CourtKeigo ObayashiPart 4New Democracies and Illiberal Regimes9 How Not to Use History in Constitutional Interpretation The Aborted Resurrection of the Historical Constitution in HungaryZoltán Szente10 Using the Authoritarian Past for Constitutional Interpretation in New Democracies The Example of the Taiwan Constitutional CourtShih-An WangConclusion Which History, Whose Past?Diego Werneck ArguelhesIndex