Mark Tushnet

in The Oxford Handbook of Comparative Constitutional Law

Published in print May 2012 | ISBN: 9780199578610
Published online November 2012 | | DOI:

Series: Oxford Handbooks in Law


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This article examines three topics that have persistently arisen in connection with discussions of constitutions: What is the relation between a constitution and a ‘nation’ or a ‘people’, understood as those who reside within the territory for which the constitution is a constitution? What is the relation between written and unwritten principles of a constitution? And, to what extent must constitutions and their constituent elements be more permanent than ‘ordinary’ legal rules, and by what mechanisms is the requisite degree of permanence maintained?

Keywords: constitution; nation; constitutional law; legal rules

Article.  8500 words. 

Subjects: Law ; Comparative Law ; Constitutional and Administrative Law

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