The New Fourth Branch: Institutions for Protecting Constitutional Democracy

ISBN-13: 9781009048491 / Angielski / Miękka / 2021 / 220 str.

Mark Tushnet

Opis

Analyses why constitution-designers have come to establish institutions protecting constitutional democracy in modern constitutions.

Recenzje

'In this already indispensable work on the theory and practice of designing innovative government structures to protect constitutional democracy, Tushnet brilliantly and carefully appraises existing 'fourth branch' institutions. A scholarly provocation favoring decentralized structures and remedies with more face-to-face interactions, the book demands reading by all serious scholars of constitutional government.' Vicki C. Jackson, Laurence H. Tribe Professor of Constitutional Law, Harvard Law School

Spis treści

1. Introduction; 2. Why a fourth branch – the structural logic; 3. Why a fourth branch – the functional logic; 4. Design issues in general; 5. Design principles in practice – a survey; 6. Anticorruption investigations – case studies from Brazil and South Africa; 7. Electoral commissions – case studies from India, the United States, and South Korea; 8. Audit agencies; 9. Conclusion.