A political constitution is often seen as an idiosyncratic feature of the UK and compared unfavourably with an entrenched legal constitution upheld by a supreme or constitutional court, such as that of the United States. By comparing both systems, Defending the Political Constitution explores the normative and empirical advantages of a political constitution and its democratic mechanisms. Political constitutionalism faces increasing pressure, both from the spread of legal constitutionalism through domestic bills of rights and international law, and the growing influence of global technocratic regulatory regimes, such as the IMF and the EU. Many see these forces as threats to parliamentary sovereignty and even as catalysts for a populist backlash. This book challenges that view. It argues for a new vision: one where international law and regulation are brought under democratic control, reinforcing rather than undermining political constitutionalism. By linking domestic democratic principles with intergovernmental cooperation, it offers a compelling model for safeguarding democracy. Insightful and pioneering, Defending the Political Constitution contends a political constitution proves both more legitimate and more effective than a legal constitution.
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By comparing legal and political constitutionalism, Defending the Political Constitution explores the normative and empirical advantages of a political constitution and its democratic mechanisms.
Part 1. Political Constitutionalism as Democracy 1: Rights as Democracy 2: The Rule of Law as the Democratic Rule of Persons 3: Checks and Balances as Democracy: Political Equality and Majority Rule in the Democratic Mixed Constitution Part 2. The Rights Challenge-Democracy as Rights 4: Domestic Bills of Rights: Political Constitutionalism and the Human Rights Act 5: International Human Rights Conventions: Political Constitutionalism and the European Convention on Human Rights Part 3. The Judicial Challenge-Democracy through Courts 6: Must Politics Rest on Law? 7: Democracy through Courts? Part 4. The Populist Challenge: Democracy as the Will of the People 8: Populism and the Democratic Challenge: Does Political Constitutionalism Facilitate or Counter Democratic Backsliding 9: Referendums and the Case of Brexit: Towards a Populist Constitutionalism? 10: Taking Back Control? The Political Constitution of the EU
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Richard Bellamy is Professor of Political Science at University College, London (UCL), a Fellow of the Academy of Social Sciences (FAcSS) and the British Academy (FBA), and a Member of the Academia Europaea (MAE). He was educated at Cambridge University and the European University Institute. The author of 11 monographs, his research ranges from historical studies of Italian political thought post 1700, for which he was awarded the Serena Medal in 2012, to the development of a republican account of democracy, citizenship and constitutionalism that combines analytical legal, social and political philosophy with comparative politics. His book Political Constitutionalism: A Republican Defence of the Constitutionality of Democracy (CUP, 2007) won the 2009 Spitz Prize.
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Offers a nuanced defence of political constitutionalism compared to legal constitutionalism Considers the challenges facing political constitutionalism in an era of expanding international law and global regulation Challenges the belief that rights, the rule of law and judicial review, including by international courts, are inherently at odds with parliamentary sovereignty
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Product details

ISBN
9780198784494
Published
2026
Publisher
Oxford University Press
Weight
688 gr
Height
240 mm
Width
160 mm
Thickness
25 mm
Age
P, 06
Language
Product language
Engelsk
Format
Product format
Innbundet
Number of pages
368

Biographical note

Richard Bellamy is Professor of Political Science at University College, London (UCL), a Fellow of the Academy of Social Sciences (FAcSS) and the British Academy (FBA), and a Member of the Academia Europaea (MAE). He was educated at Cambridge University and the European University Institute. The author of 11 monographs, his research ranges from historical studies of Italian political thought post 1700, for which he was awarded the Serena Medal in 2012, to the development of a republican account of democracy, citizenship and constitutionalism that combines analytical legal, social and political philosophy with comparative politics. His book Political Constitutionalism: A Republican Defence of the Constitutionality of Democracy (CUP, 2007) won the 2009 Spitz Prize.