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Mark Tushnet

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Tamas Gyorfi

The first chapter of the book has three main purposes. First, it defines what the New Constitutionalism is and documents how it has become the orthodox view in constitutional theory. In the terminology of the book, the New Constitutionalism refers to a particular institutional arrangement that comprises four tenets: (1) an entrenched and codified constitution; (2) a codified bill of rights; (3) constitutional judicial review with the power to strike down legislation; (4) the robust exercise of judicial review. However, the New Constitutionalism also refers to the view that the very idea of constitutionalism requires the aforementioned institutional arrangement. Second, the present chapter also addresses the question of why the New Constitutionalism has become the reigning paradigm of constitutional law and explores six possible explanations. Finally, Chapter One spells out the main methodological principles that underpin the book and provides the reader with an outline of the argument.
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Federico Fabbrini and Vicki C. Jackson