Advanced Introduction to Comparative Constitutional Law by Mark Tushnet

By Mark Tushnet

'Advanced creation to Comparative Constitutional Law via Mark Tushnet is a brief ebook that packs very much for various audiences and will be an fundamental source for college students in addition to students during this quickly increasing box. On one point, the booklet presents a transparent and succinct advent completely healthy for the beginner. On one other point, Tushnet offers a magisterial compact synthesis of the foremost matters debated within the box that's certain to enlighten and impress the specialist.'
- Michel Rosenfeld, Cardozo tuition of Law,Yeshiva college, US

'With this incredible, well-composed booklet, Mark Tushnet once more demonstrates his eminent scholarship and his specific mix of constitutional concept and realism. He provides a desirable dialog one of the top voices within the box and illuminates a number of the typical topics and difficulties of comparative constitutional legislations [constitution-making, judicial assessment, rights and constructions of government]. this can be an 'Advanced advent' and extra: an elegantly written precis of liberal constitutionalism.'
- Günter Frankenberg, Goethe collage Frankfurt, Germany

Elgar complicated Introductions are stimulating and considerate introductions to significant fields within the social sciences and legislations, expertly written by means of many of the world's major students. Designed to be obtainable but rigorous, they provide concise and lucid surveys of the sizeable and coverage concerns linked to discrete topic areas.

Mark Tushnet, a world-renowned pupil of constitutional legislations, offers an creation to comparative constitutional legislations via an research of subject matters on the leading edge of up to date scholarship.

This authoritative learn investigates structure making, together with the matter of unconstitutional constitutional amendments; fresh advancements in kinds of constitutional evaluate, together with 'the conflict of the courts'; proportionality research and its choices; and the emergence of a brand new 'transparency' department in constitutions around the globe. all through, the booklet attracts upon examples from a variety of international locations, demonstrating that the sphere of comparative constitutional legislations now really encompasses the world.

Presenting a different place on key concerns approximately constitutional layout and constitution, this well timed creation will function a good source for college students and students of comparative constitutional legislations. Political scientists drawn to comparative politics also will locate the ebook an invaluable aspect of access to this attention-grabbing box of study.

Contents: creation 1. Constitution-Making 2. The constructions of Constitutional evaluate and a few Implications for substantial Constitutional legislation three. The constitution of Rights research: Proportionality, principles, and foreign legislations four. The constitution of presidency end Index

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Extra resources for Advanced Introduction to Comparative Constitutional Law

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What might be a reasonable choice for some nations might be threatening to constitutionalism in others. So, for example, a specification of secularism’s meaning that allowed some degree of state-religion interaction in one nation might be problematic in another nation. Constitutional courts might be sensitive to these contextual variables in a way that no doctrine could capture by anything other than the words “basic structure”. This suggestion might gain some support from the fact that decisions holding amendments substantively unconstitutional have often been accepted by the nation’s people, who endorsed the amendments through appropriate procedures and the nation’s political elites, some of whom sponsored those amendments.

Fearing a return to the past they are seeking to repudiate, the constitution-writers attempt to tie interpreters’ hands through linguistic specificity. Dixon suggests that this strategy may backfire: Interpreters who take generality as a signal of trust will then reciprocate, but interpreters who interpret specificity as a signal of mistrust may also reciprocate, this time by being quite grudging in their constitutional interpretations. Dixon’s argument is intriguing, but rests on what might turn out to be shaky foundations in its application of the findings of cognitive science, particularly in light of the extended time frame in which the supposed reciprocity effects are to occur.

Political theorists have raised questions about the motivational adequacy of purely principled, forward-looking statements of national identity. Their concern is that everyone in the world could agree with some such statements, which means that no one in the world will actually care about doing so. Who could disagree that the nation should promote justice and who will care much about whether some specific policy does so pursuant to a preamble rather than for justice’s sake? Preambles that combine backward-looking statements about a nation’s origins in struggle, with forward-looking ones about its ongoing commitments may provide a blend that can motivate loyalty to the constitution, though at some cost of being potentially exclusionary with respect to phrases evoking a past that not all citizens can plausibly say they share.

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