Mark Tushnet is William Nelson Cromwell Professor of Law at Harvard Law School. His important works in the field of comparative constitutional law include Advanced Introduction to Comparative Constitutional Law (2014), The Routledge Handbook of Constitutional Law (co-edited, 2012) and the leading handbook, Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law (2009).
Madhav Khosla is currently a PhD candidate at the Department of Government at Harvard University, Massachusetts. He is the author of The Indian Constitution (2012) and is currently co-editing the Oxford Handbook of Indian Constitutional Law.
Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.