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    Advanced introduction to comparative constitutional law / Mark Tushnet.

    • Title:Advanced introduction to comparative constitutional law / Mark Tushnet.
    •    
    • Variant Title:Comparative constitutional law
    • Author/Creator:Tushnet, Mark, 1945- author.
    • Published/Created:Cheltenham, UK : Edward Elgar, [2014]
    • Holdings

       
    • Library of Congress Subjects:Constitutional law.
    • Description:vi, 133 pages ; 23 cm
    • Series:Elgar advanced introductions.
    • Summary:"Mark Tushnet, a world-renowned scholar of constitutional law, presents an introduction to comparative constitutional law through an analysis of topics at the cutting-edge of contemporary scholarship. His authoritative study investigates constitution making, including the problem of unconstitutional constitutional amendments; recent developments in forms of constitutional review, including 'the battle of the courts'; proportionality analysis and its alternatives; and the emergence 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."--Publisher's description.
    • Notes:Includes bibliographical references and index.
    • ISBN:9781781007310 (hardback)
      1781007314 (hardback)
      9781783473519 (paperback)
      1783473517 (paperback)
    • 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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