Writing While Quarantined: A Personal Interpretation of Contemporary Comparative Constitutional Law

11 Pages Posted: 16 Oct 2020 Last revised: 23 Oct 2020

Date Written: August 11, 2020

Abstract

This Essay is a personal reflection on the state of scholarship in the field of comparative constitutional law. I draw parallels between the development of and reaction to “critical perspectives” on domestic US constitutional law in the 1970s and 1980s and the development and reaction to similar perspectives on comparative constitutional law today. I argue that the parallels have similar political roots, in concern that critical perspectives undermine the ability of constitutional law, whether domestic or comparative, to resist conservative and anti-liberal tendencies. I conclude with some speculations about the source of the political commitments by scholars of comparative constitutional law, and in particular about the way the field’s overall cosmopolitanism affects scholarship on anti-cosmopolitan populisms.

Keywords: comparative constitutional law, critical legal studies, populism

Suggested Citation

Tushnet, Mark V., Writing While Quarantined: A Personal Interpretation of Contemporary Comparative Constitutional Law (August 11, 2020). Harvard Public Law Working Paper No. 20-19, Available at SSRN: https://ssrn.com/abstract=3671148 or http://dx.doi.org/10.2139/ssrn.3671148

Mark V. Tushnet (Contact Author)

Harvard Law School ( email )

1575 Massachusetts
Hauser 406
Cambridge, MA 02138
United States

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