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Part VIII Overlapping Rights, Ch.52 Immodest Claims and Modest Contributions: Sexual Orientation in Comparative Constitutional Law

Kenji Yoshino, Michael Kavey

From: The Oxford Handbook of Comparative Constitutional Law

Edited By: Michel Rosenfeld, András Sajó

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 21 March 2023

In a foundational 1999 essay, Professor Mark Tushnet outlined three frameworks through which to consider the contributions of comparative constitutional law: functionalism, expressivism, and bricolage.1 According to Tushnet, ‘Functionalism claims that particular constitutional provisions create arrangements that serve particular functions in a system of governance.’2 Expressivism, in contrast, looks more to the symbolic, rather than to the instrumental, aspects of constitutions: ‘According to the expressivist view, constitutions help constitute the nation, to...
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