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    Advanced introduction to comparative constitutional law / Mark Tushnet.

    • Title:Advanced introduction to comparative constitutional law / Mark Tushnet.
    •    
    • Author/Creator:Tushnet, Mark, 1945- author.
    • Published/Created:Cheltenham, UK : Edward Elgar, [2018]
      ©2018
    • Holdings

       
    • Library of Congress Subjects:Constitutional law.
    • Edition:Second edition.
    • Description:vi, 150 pages ; 22 cm
    • Series:Elgar advanced introductions.
    • Summary:"Through an analysis of topics at the cutting edge of contemporary scholarship, this ... 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."-- Provided by publisher.
    • Notes:Includes bibliographical references (pages 138-142) and index.
    • ISBN:1786437201 paperback
      9781786437204 paperback
      9781786437181 hardback
      178643718X hardback
    • Contents:Machine generated contents note: 1. Introduction: comparative constitutional law - history and contours
      2. Constitution-making
      2.1. Why make a constitution?
      2.2. foundation of constitution-making: the constituent power
      2.3. processes of constitution-making: questions about inclusiveness
      2.4. substance of constitution-making: scope and comprehensiveness
      2.5. Why comply with the constitution?
      2.6. Conclusion
      3. structures of constitutional review and some implications for substantive constitutional law
      3.1. Introduction
      3.2. Establishing constitutional review
      3.3. Political constitutionalism as an alternative to constitutional review in the courts
      3.4. classical issues in the structure of constitutional review
      3.5. New structures of constitutional review
      3.6. relation between structures of constitutional review and second- and third-generation constitutional rights
      3.7. structure of constitutional review and third-generation rights
      3.8. Conclusion
      4. structure of rights analysis: proportionality, rules and international law
      4.1. Introduction
      4.2. Balancing, proportionality and rules compared
      4.3. Explaining the difference
      4.4. different alternative to proportionality review
      4.5. role of international law in domestic constitutional law
      5. structure of government
      5.1. classical enumeration of the branches of government and its modification
      5.2. emerging fifth branch of government?
      5.3. Beyond the fifth branch - or modifying the three-branch model
      5.4. Conclusion
      6. Conclusion
      6.1. Forms of constitutionalism other than liberal constitutionalism
      6.2. Constitutions for modern and highly divided nations: contradictory definitions of "thin" constitutions.
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