

The New Fourth Branch by Mark Tushnet
Twenty-first-century constitutions now typically include a new 'fourth branch' of government, a group of institutions charged with protecting constitutional democracy, including electoral management bodies, anticorruption agencies, and ombuds offices. This book offers the first general theory of the fourth branch; in a world where governance is exercised through political parties, we cannot be confident that the traditional three branches are enough to preserve constitutional democracy. The fourth branch institutions can, by concentrating within themselves distinctive forms of expertise, deploy that expertise more effectively than the traditional branches are capable of doing. However, several case studies of anticorruption efforts, electoral management bodies, and audit bureaus show that the fourth branch institutions do not always succeed in protecting constitutional democracy, and indeed sometimes undermine it. The book concludes with some cautionary notes about placing too much hope in these - or, indeed, in any - institutions as the guarantors of constitutional democracy.-
In the Shadow of the Constitution
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Incomplete Constitutions and Coordination in Deeply Divided Societies
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Reputation and Judicial Tactics
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The Failure of Popular Constitution Making in Turkey
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Presidential Legislation in India
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Constitutional Intolerance
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Comparative Constitutional Design
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Redrafting Constitutions in Democratic Regimes
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Consequential Courts
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Constituents Before Assembly
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The DNA of Constitutional Justice in Latin America
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A Qualified Hope
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Constitutional Courts as Mediators
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Constitutional Convergence in East Asia
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Filtering Populist Claims to Fight Populism
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Constitutions, Religion and Politics in Asia
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The Invisible Constitution in Comparative Perspective
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The Politico-Legal Dynamics of Judicial Review
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Constitutionalism in Asia in the Early Twenty-First Century
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Unstable Constitutionalism
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The Adventures of the Constituent Power
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Constituent Assemblies
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Judicial Review in Norway
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Engaging with Social Rights
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Constitutions in Times of Financial Crisis
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Constitutional Courts in Asia
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Proportionality
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Assessing Constitutional Performance
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The Veil of Participation
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Hybrid Constitutionalism
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Reconstructing Rights
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Social and Political Foundations of Constitutions
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Perils of Judicial Self-Government in Transitional Societies
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Constitutions and Religious Freedom
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| ISBN 13 | |
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| Title | The New Fourth Branch |
| Author | Mark Tushnet |
| Series | |
| Condition | Unavailable |
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| Cover note | Book picture is for illustrative purposes only, actual binding, cover or edition may vary. |
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