(University of Oregon School of Law, 2024-05-01) Modi, Neil
Comparative constitutional law, generally, and the Global South, in particular, have witnessed two distinct and emerging movements in the past decade. The first is a proliferation of the “fourth branch” of the State. These institutions refer to those constitutionally entrenched bodies that do not fall neatly within the tripartite structure of separation of powers. They are tailor made and range from electoral to human rights commissions, tasked with securing specific constitutional norms. The second movement is “transformative constitutionalism.” Narrowly construed, transformative constitutionalism is but another interpretive tool that select constitutional courts employ. More broadly, and crucially, however, it has come to represent a constitutional vision. This vision demands a state commitment to broadscale social transformation, with substantive equality at the heart of this movement, where the constitutional machinery and its functionaries, comprising the legislature, judiciary, and executive, actively pursue a transformational “mandate.”
