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5 - Design Principles in Practice

A Survey

Published online by Cambridge University Press:  20 August 2021

Mark Tushnet
Affiliation:
Harvard Law School, Massachusetts
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Summary

What design choices do constitutional framers actually make? Of course, one could simply compile constitutional provisions to find out, but it would be helpful to have some sort of classification. The functional argument for IPDs suggests some possibilities, allowing us to distinguish among IPDs and identify choices made about their powers, methods of appointment, required qualifications, and the like.

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The New Fourth Branch
Institutions for Protecting Constitutional Democracy
, pp. 78 - 96
Publisher: Cambridge University Press
Print publication year: 2021

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