Constitutional Law: Critical and Comparative

11 Pages Posted: 4 Apr 2015 Last revised: 16 Jun 2015

Date Written: April 2, 2015


This brief essay serves as an introduction to a volume of studies by Latin American scholars of constitutional law and theory responding to themes in my work. It outlines the jurisprudential and historical-political background against which my work developed, stressing the important roles played by American Legal Realism and the politics of the 1960s in shaping my thinking. The essay explains how my interest in populist constitutional law and dialogic forms of constitutional review emerged from the same background, but was strengthened by an interest in comparative constitutional law that I developed in the 1990s.

Suggested Citation

Tushnet, Mark V., Constitutional Law: Critical and Comparative (April 2, 2015). Harvard Public Law Working Paper No. 15-09, Available at SSRN: or

Mark V. Tushnet (Contact Author)

Harvard Law School ( email )

1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States

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