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Advanced Introduction to Comparative Constitutional Law (Elgar Advanced Introductions series), by Mark Tushnet
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'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.'
- Günter Frankenberg, Goethe University Frankfurt, Germany
Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by some of 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, presents an introduction to comparative constitutional law through an analysis of topics at the cutting edge of contemporary scholarship.
This 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.
Presenting a unique position on key issues about constitutional design and structure, this timely introduction will serve as an excellent resource for students and scholars of comparative constitutional law. Political scientists interested in comparative politics will also find the book a useful point of entry to this fascinating field of study.
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 Index
- Sales Rank: #5242729 in Books
- Published on: 2014-05-31
- Original language: English
- Dimensions: 8.50" h x 5.50" w x .50" l,
- Binding: Hardcover
- 144 pages
Review
'Tushnet provides an authoritative review of the growing literature on comparative constitutional law... This book, however, is much more than a review of the existing literature and is a must read for both newcomers and those with more experience in the field.' -- H. Shambayati, Florida Coast University, Choice 'Professor Tushnet provides an insightful overview of cutting-edge issues arising in comparative constitutional law. From changes in the conception of the separation of powers to approaches to the adjudication of the limits on fundamental rights, Tushnet offers both a snapshot of the current debates as well as a critical engagement with them. The book manages to accomplish the daunting feat of appealing to the serious scholar of comparative constitutional law as well as being accessible to those who are beginning their exploration of this field. It also fuses recent scholarship in political science literature and constitutional law in an illuminating combination.' -- David Bilchitz, University of Johannesburg and Director, SA Institute for Advanced Constitutional Law, South Africa '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.' -- Gunter Frankenberg, Goethe University Frankfurt, Germany
About the Author
Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard University, US
Most helpful customer reviews
6 of 6 people found the following review helpful.
Very good for what it is, but quite different from its title
By A. J. Sutter
The phrase "advanced introduction" is at least borderline oxymoronic. But even ignoring that difficulty, it seems a bad description for this book. This is a very inadequate introduction to comparative constitutional law. It is a very good discussion of selected contemporary issues in comparative constitutional law, as seen from an American point of view.
An advanced introduction doesn't have to be a contradiction in terms if, say, it's an introduction targeted to an audience with an advanced background in some other area. For example, there are lots of "introductions" to fields of physics written for mathematicians. To its credit, the present book avoids some of the pitfalls of those efforts in the sciences. While even a professional physicist might have a hard time adapting to a mathematician's point of view, the present book could in principle be read by any interested student or other reader who's taken a course in Constitutional law at a US law school. What makes it "advanced" is that it focuses on a narrow set of sophisticated issues relating to comparative constitutional law. But that narrow focus is exactly what makes it a poor introduction to the field.
The book has five chapters, as follows:
1. Introduction: comparative constitutional law -- history and contours (ca. 8 pages)
2. Constitution-making (ca. 30 pages)
3. The structures of constitutional review and some implications for substantive constitutional law (ca. 30 pages)
4. The structure of rights analysis: proportionality, rules and international law (ca. 24 pages, of which roughly 2 address international law)
5. The structure of government (ca. 20 pages)
6. Conclusion (ca. 7 pages).
Chapter 4 illustrates the problem well. A reader looking for an introduction to the field of comparative constitutional law might want to hear a little about how different countries think about freedom of religion, speech, the right to life, due process, minority rights, and other substantive rights. And very reasonably so: the Oxford Handbook of Comparative Constitutional Law has nine chapters devoted to distinct categories of substantive rights, and the Routledge Handbook of Constitutional Law, edited by the present book's author (MT) has 17, so that sort of discussion certainly seems very pertinent to the field. Here though the reader is served an abstract discussion of different approaches courts take in analyzing infringements of rights. If you already know enough about constitutional law to visualize how to apply what MT is talking about, it's plausible and engaging. But not introductory, and in fact not even very comparative: most examples are drawn from US Supreme Court jurisprudence. This is a lost opportunity. Proportionality, in particular, features prominently in Israeli and German jurisprudence, but we're not given any concrete examples from those jurisdictions.
Similarly, a student interested in "structures of government" might expect some comparison of parliamentary vs. presidential vs. semi-presidential systems -- but no such luck here. Important issues foreign to the US system, such as the responsibility of governments and methods for their dissolution, are totally absent. Oddly enough, so too are some issues no less relevant to America than elsewhere, such as federalism, the functions of legislatures, and the powers of heads of state. Also ignored are many other recently fashionable issues in comparative constitutional law, including state of emergency, constitutional identity, and economic issues. As is typical of American legal scholarship, there is a tendency to project local concerns as universal. Consequently the book's emphasis is on what courts do, taking for granted that the reader comes from a jurisdiction where stare decisis is a fundamental norm.
More affirmatively, within its limitations the quality of what the book does discuss is high. Based on my personal interests, I found the discussions of constituent power (Chap. 2), forms of constitutional review (Chap. 3) and the obsolescence of the tripartite picture of government (Chap. 5) particularly useful, and there's a nice succinct explanation of organic laws (@33) that will help me be a little clearer about this topic in my lectures. I'd be tempted to give it closer to 5 stars despite its not living up to its title (for which the publisher, who conceived of the "advanced introduction" series, must share some blame), except that it's simply too American in its outlook, and entirely monolingual in its references. There's room for improvement on the production side too, since the cover of my copy is separating from the pages at both the front and the back, even though I'm pretty careful when handling my books. Bottom line: best if you already have some background in comparative constitutional law and want MT's interesting take on several current topics.
0 of 0 people found the following review helpful.
Five Stars
By Stephen R. Rolandi
Great
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