Abstract

One of Professor Tushnet’s many legacies is his exposition of strains of constitutionalism other than liberal constitutionalism. He has crafted sophisticated accounts of authoritarian constitutionalism and illiberal constitutionalism and offered thought-provoking ideas on Ernst Fraenkel’s concept of the dual state. His attempts at pluralizing constitutionalism have not only brought analytical clarity and allowed us to theorize the regimes that do not fit into the dichotomized framework of authoritarianism versus liberal constitutionalism, but also have important normative implications for constitutional design and strategy. This chapter draws on Professor Tushnet’s contributions on nonliberal constitutionalism and the dual state to examine four issues pertaining to the nature, structure, and significance of the dual state, as well as to the stability of mixed constitutions.