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Details
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Mark Tushnet, a world-renowned scholar of constitutional law, has excelled in extending and revising his essential introduction to comparative constitutional law. Through an analysis of topics at the cutting edge of contemporary scholarship, this authoritative study investigates constitution making, forms of constitutional review, proportionality analysis and its alternatives, and the development of a new `transparency' branch in constitutions around the world. Throughout, the book draws upon examples from a wide range of nations, demonstrating that the field of comparative constitutional law now truly encompasses the world.
New to this revised and enlarged second edition:
- Updated and extended material to encompass the developments in practice and scholarship since the original edition's publication back in 2014
- With substantial additional attention, Tushnet analyses abusive constitutionalism, the idea of the constituent power, eternity clauses and unconstitutional amendments
- Recent developments in weak- and strong-form constitutional review are given fresh analysis, as well as an expanded consideration of third generation rights.
Addressing the key issues of constitutional design and structure, this second edition will serve as an excellent up-to-date resource for students and scholars of comparative constitutional law.
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Contents: Introduction 1. Constitution Making 2. The Structures of Constitutional Review and Some Implications for Substantive Constitutional Law 3. The Structure of Rights Analysis: Proportionality, Rules, and International Law 4. The Structure of Government Conclusion
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Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard University, US
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‘This work is a most welcome addition to the rapidly growing literature on comparative constitutional law. Mark Tushnet has drawn on his considerable knowledge of a wide variety of constitutional arrangements, coupled with at least a decade of reflection on current practice and likely trends, to prepare what is accurately described as an ‘Advanced Introduction’ to the field. The book is organised around four key themes, each of which is analysed through the lens of structure: constitution-making, constitutional review, rights analysis and government. The result is a useful blend of substantive knowledge and critical analysis. The work makes comparative constitutional law eminently accessible to relative newcomers to the field. Experienced comparativists will also find that it offers insights, however, as they grapple with familiar methodological questions.’
– Cheryl Saunders, Melbourne Law School, Australia
‘Advanced Introduction to Comparative Constitutional Law by Mark Tushnet is a short book that packs a great deal for different audiences and should be an indispensable resource for students as well as scholars in this rapidly expanding field. On one level, the book provides a clear and succinct introduction perfectly fit for the novice. On another level, Tushnet provides a magisterial compact synthesis of the major issues debated in the field that is bound to enlighten and provoke the specialist.’
– Michel Rosenfeld, Cardozo School of Law,Yeshiva University, US
‘With this brilliant, well-composed book, Mark Tushnet once again demonstrates his eminent scholarship and his unique combination of constitutional theory and realism. He presents a fascinating conversation among the leading voices in the field and illuminates some of the standard themes and problems of comparative constitutional law [constitution-making, judicial review, rights and structures of government]. This is an “Advanced Introduction” and more: an elegantly written summary of liberal constitutionalism.’
– Professor Günter Frankenberg, University of Amsterdam, The Netherlands
