Redefining Comparative Constitutional Law: Essays for Mark Tushnet

Author: Madhav Khosla; Vicki C. Jackson
Publisher: Oxford University Press
ISBN: 9780198891451
Published In: January 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Over the past two decades, the field of comparative constitutional law has emerged as a major domain of scholarly inquiry. It has also been a notable feature in judicial practice. Many of the world's leading courts are now composed of at least some members who engage with comparative materials, and thinking comparatively has developed into one of the most significant ways of engaging in constitutional analyses.

Redefining Comparative Constitutional Law: Essays for Mark Tushnet reflects upon the field of comparative constitutional law. Among the most prominent figures in the development of the field in its ongoing renaissance has been Mark Tushnet. This book uses the occasion of Professor Tushnet's recent retirement from Harvard Law School to think critically about the field. Each essay takes up one of Professor Tushnet's major recent themes which focuses on variations within liberal constitutionalism and the possibility of other forms of constitutionalism that find articulation under other political regimes. In this book, leading scholars contribute to the debate over the nature of the field, including the role of empiricism and language; discussions of democracy and entrenchment; analyses of rights and courts; consideration of constitutional design; and explorations of the extent to which there are varieties of constitutionalism.

At a moment of renewed stress and political debate over the relationship between democracy and constitutionalism, Redefining Comparative Constitutional Law: Essays for Mark Tushnet offers timely insights into comparative analyses of constitutional rights. Academics and students alike will benefit from the essays that range across both methodological questions and substantive analysis in the development of constitutions throughout the globe.

1:How to Compare Constitutionally: An Essay in Honor of Mark Tushnet

Rosalind Dixon

2:Comparative Constitutional Law: Reflections on a Field Transformed

Ran Hirschl

3: Are Constitutions So Indeterminate that We Cannot Compare Them?

Tom Ginsburg and Mila Versteeg

4:Mark Tushnet's Central Contribution-and Challenge-to the Enterprise of Comparative Constitutionalism

Sanford Levinson

5:Canon and Comparative Constitutional Law

David S. Law

6:Foxes, Hedgehogs, and Ants

Kim Lane Scheppele