Mark Tushnet, Transformative Constitutionalism Around the World: Some Notes on the Concept, SSRN (Feb. 24, 2026).
Abstract: This brief essay, forthcoming in the NLU Delhi Journal of Legal Studies, describes several versions of transformative constitutionalism., all of which are aimed at transforming a deeply unsatisfying status quo. Most scholarship on the topic has focused on material deprivation and inequality, with some attention to cultural conditions. After describing some of the well-known institutional implications of materially transformative constitutionalism, the essay turns to cultural transformations, which are in general anti-cosmopolitan, and distinguishes between anti-colonial and reactionary cultural transformative constitutionalism.