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4 - Design Issues in General

Published online by Cambridge University Press:  20 August 2021

Mark Tushnet
Affiliation:
Harvard Law School, Massachusetts
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Summary

Constitution designers can identify from local and worldwide experience some general threats to constitutional democracy: conflicts over election outcomes, for example, or corruption at high and low levels.1 Their local knowledge can give them some sense of how important each type of threat might be for the systems they are designing. Variations in the types and severity of threats mean that designers must make choices: there is no one-size-fits-all “fourth branch” or any of its components. (That point should be obvious when we note the rather wide range of choices made in designing constitutional courts.)

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Chapter
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The New Fourth Branch
Institutions for Protecting Constitutional Democracy
, pp. 42 - 77
Publisher: Cambridge University Press
Print publication year: 2021

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  • Design Issues in General
  • Mark Tushnet, Harvard Law School, Massachusetts
  • Book: The New Fourth Branch
  • Online publication: 20 August 2021
  • Chapter DOI: https://doi.org/10.1017/9781009047609.004
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  • Design Issues in General
  • Mark Tushnet, Harvard Law School, Massachusetts
  • Book: The New Fourth Branch
  • Online publication: 20 August 2021
  • Chapter DOI: https://doi.org/10.1017/9781009047609.004
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Design Issues in General
  • Mark Tushnet, Harvard Law School, Massachusetts
  • Book: The New Fourth Branch
  • Online publication: 20 August 2021
  • Chapter DOI: https://doi.org/10.1017/9781009047609.004
Available formats
×